Delivery Drivers to Receive Approved Pay Out of $8.75M

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Gig economy workers, such as the delivery drivers for Postmates, have begun challenging their employers for potentially misclassifying them as independent contractors instead of employees. Many of these workers argue that due to this alleged misclassification they were paid less than the minimum wage. Following the footsteps of the Lyft and Uber misclassification cases, these delivery drivers filed a class action lawsuit and argued that by being labeled as independent contractors instead of employees, Postmates violated the federal Fair Labor ...

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Minimum Wage Violations Cause Hertz and Thrifty to Pay $2M

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Hertz and Thrifty employees in Washington State filed a class action lawsuit for minimum wage violations against Hertz and Thrifty.  More than 150 employees of the car rental behemoths filed claims with the Department of Labor (DOL) under the SeaTac minimum wage ordinance.

The DOL investigated these wage complaints that alleged Hertz/Thrifty failed to pay the minimum hourly wage upheld by the ordinance between January 1, 2014 and September 30, 2015. To further avoid the inconvenience, uncertainty, and expense of litigation, ...

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LPNs Sue Healthcare Facility for Unpaid Wages

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Employees in the healthcare industry, such as licensed nurse practitioners (“LPNs”), are often subject to workplace violations. LPNs often face issues such as unpaid wages, unpaid overtime, or may witness Medicare or Medicaid fraud. Recently, the employment lawyers at Fitapelli & Schaffer, LLP filed a class and collective action lawsuit against a healthcare facility, Atrium Center for Rehabilitation and Nursing formerly known as River Manor Care Center for unpaid wages and unpaid overtime. The lawsuit is on behalf of all ...

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Oilfield Workers Sue Hess for Unpaid Overtime

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The oilfield giant, Hess Corporation, has been hit with yet another lawsuit seeking to recover unpaid wages for its oilfield workers. The wage lawsuit alleges that Hess Corporation failed to pay certain oilfield workers overtime pay as required by state and federal law. The lawsuit seeks to recover damages for unpaid overtime for worked in excess of forty hours per workweek. Affected employees include any current or former oilfield workers such as Rig Clerks or other similarly situated employees who ...

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Incinia Contracting Sued for Unpaid Overtime

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On Friday, July 28, 2017 Fitapelli & Schaffer, LLP along with Pechman Law Group PLLC filed a class action lawsuit on behalf of two asbestos handlers and their similarly situated co-workers who worked at Incinia Contracting. This full service environmental company with over a decade of servicing the public and private sectors has allegedly failed to pay its hourly employees overtime at time and a half their regular hourly rate for hours worked over 40 in a work week.

This lawsuit ...

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Notice to be Sent for Nick’s Pizzabar Class Action

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In March 2017, Fitapelli & Schaffer, LLP filed a class and collective action lawsuit against Nick’s Pizzabar located at 365 3rd Avenue, New York, New York 10016.  The lawsuit seeks to recover minimum wages, uniform maintenance pay, unlawful deductions, and other wages for all current and former delivery workers.  Among other claims, the lawsuit alleges that Defendants failed to provide proper notice to delivery workers that would enable the company to take a “tip credit” towards the hourly rates paid ...

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Live-In Home Health Aides Must Be Paid for 24 Hours

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On April 11, 2017 the NY Supreme Court, Appellate Division for the First Department ruled in favor of the plaintiffs in the Tokhtaman v. Human Care, LLC case. The plaintiffs in this matter argued that home health aides were not being paid for all hours worked, overtime, and spread of hours. The courts decided that nonresidential home health aides who work as live-ins at a client’s home are eligible for overtime.

What Does This Mean & Who Does This Affect?

Home Health ...

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Nick’s Pizzabar Sued for Unpaid Wages

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On Monday, March 13, 2017, Fitapelli & Schaffer, LLP filed a class action lawsuit against Nick’s Pizzabar for unpaid wages. Nick’s Pizzabar, which is under the same management as other well known NYC restaurants such as Harry’s Café and Steak, Pier A Harbor House, Harry’s Italian, Adrienne’s Pizzabar, Ulysses’ Folk House, Bathtub Gin, The Dead Rabbit, Le District, The Growler, and Vintry Wine & Whiskey, has failed to properly compensate its former and current delivery workers. This lawsuit seeks to ...

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7 Million Dollar Settlement for Real Estate Appraisers

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On January 31, 2017, Real Estate Appraisers for Bank of America Corp. were awarded a 7 million dollar settlement after alleging LandSafe, Inc. and LandSafe Appraisal Services, Inc., and their parent company, Defendant Bank of America Corp., refused to pay them overtime even after a similar case against them for unpaid overtime two years prior settled for 36 million dollars. This lawsuit claimed that Bank of America Corp. refused to change their compensation practices even after the prior lawsuit and ...

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Construction Companies Frequently Fail to Pay Laborers Overtime

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Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which as argued by a recent lawsuit against Magnetic Contracting Corp. and City Metro Corp., would entitle them to receive overtime pay when working over 40 hours per week. Magnetic Contracting Corp., a commercial and residential construction company operating throughout the greater New York City area, was hit with a class action Fair Labor Standards Act (FLSA) and ...

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