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Federal Employees Sue Government Over Unpaid Wages During Shutdown

Currently, about 500,000 federal employees are being required to report to work each day without pay or guarantee of immediate back pay once the government reopens. Although government shutdowns are nothing new, this year’s shutdown has become the longest in history standing in at 27 days. However, federal employees are making a stand. Two of the nation’s largest federal employee unions, the National Treasury Employees Union and the American Federation of Government Employees, have filed separate wage ...

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Berry Bros Contractors Sued for Unpaid Overtime

Berry Bros General Contractors, one of the largest construction service providers in the United States, has just been sued over failing to pay its employees the proper wages. There are a significant number of potentially affected employees throughout the nation working on projects for Berry Bros in Pennsylvania, West Virginia, North Carolina, South Carolina, Mississippi, Louisiana, Texas, Oklahoma, New Mexico, Kansas, Colorado, Wyoming, Montana, and North Dakota. Affected job titles include mechanics, electricians, welders and other laborers with similar ...

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Misclassified Drivers to Receive $4.75M in Unpaid OT

Delivery drivers for TFI International that were allegedly misclassified as independent contractors have arrived at a $4.75 million settlement to resolve claims of unpaid wages pending court approval. TFI, formerly known as Dynamex or Velocity Express, is a Canadian based transport and logistics company that services the United States, Mexico and Canada. Delivery Drivers for the company claimed in a lawsuit filed back in 2012 that they were improperly classified by TFI as independent contractors instead of ...

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Hurricane Recovery Workers Awarded $14.3 Million in Unpaid Wages

In this past year alone after hurricane Irma and Maria wreaked havoc in Puerto Rico and the U.S. Virgin Islands. To date $14,337,657 has been recovered in unpaid wages for recovery workers by the Wage and Hour Division (WHD) of the Department of Labor (DOL). Almost 8,000 recovery workers have benefitted from this recovery process. Nevertheless, many thousands more may still be owed significant overtime pay.

The WHD’s efforts focused on educating employers and employees about compliance with ...

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Hurricane Disaster Relief Workers May be Owed Significant Overtime

Now that Hurricane Florence is over, many companies are hiring disaster relief workers and emergency service workers to help with the clean up and recovery process after the devastation. As is common with most hurricanes, a couple of weeks after they are over, the hard work begins. Billions of dollars’ worth of remediation and restoration take place and these hired relief workers have a wide array of job duties that range from filing and processing insurance claims to digging ditches ...

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Tipped Workers Win “20% Rule” at 9th Circuit

There has been an important development for tipped workers at the 9th Circuit Court of Appeals. Tipped workers are currently allowed to be paid the reduced minimum wage rate under the tip-credit provisions of the Fair Labor Standards Act (FLSA). The tip-credit provisions of the FLSA permit an employer, under certain circumstances, to pay tipped employees less than the full minimum hourly wage and take a “tip credit” against its minimum wage obligations. However, an employer is not permitted to ...

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High End Sushi Seki in NYC Sued for Unpaid Wages

Fitapelli & Schaffer, LLP has filed a class and collective action lawsuit against Sushi Seki, a high-end NYC sushi restaurant with three locations, alleging wage and hour violations under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).  The lawsuit seeks to recover unpaid minimum wages, overtime compensation, misappropriated tips, call-in pay, and other damages for current and former tipped employees, such as servers, bartenders, bussers, and food runners.

Among other claims, the lawsuit alleges that Sushi ...

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FLSA Collective Action Lawsuit Against Bar Louie Conditionally Certified

On Feb 27, 2018, the District Judge accepted the Magistrate Judge’s decision to conditionally certify a collective action against Bar Louie. This will allow Plaintiffs to send notice of the lawsuit with an opportunity to opt-in to all current or former servers or bartenders employed by Bar Louie from August 26, 2013 to the present. Affected workers will have the option of participating in this lawsuit with the possibility of recovering potential owed wages.

The lawsuit which was filed back in ...

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Haru Sushi Locations Hit with Wage Lawsuit

The acclaimed chain Haru restaurants of New York have landed themselves in a bit of hot water after a recent wage lawsuit claims they have been paying tipped workers less than the full minimum wage in conjunction with other pay issues. These wage claims violate the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”), federal and state laws, designed to protect worker rights. Fitapelli & Schaffer, LLP filed this class action lawsuit yesterday which intends ...

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NY Construction Workers to Receive $1.2 M in Unpaid Wages

Nearly 400 hard working New Yorkers in the construction industry are set to receive unpaid wages totaling over $1.2 million discovered through investigations started on January 1st of this year. Through a partnered effort between the District attorneys of all NYC, Westchester and Nassau Counties, this investigation has resulted in numerous indictments across several jurisdictions with nearly $700,000 already returned to affected workers. Governor Andrew Cuomo’s call for a crackdown in the industry was in response to ...

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