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 ...Continue Reading →
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, ...Continue Reading →
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 ...Continue Reading →
On April 12, 2017, in the case of Hotaranu v. Star Nissan Inc., No. 16 Civ. 5320, Judge Robert M. Levy of the United States District Court for the Eastern District of New York granted Plaintiffs’ motion for a conditional certification of a collective action under the Fair Labor Standards Act. Plaintiffs originally commenced this action on September 26, 2016, on behalf of themselves and all similarly situated current and former auto sales representatives employed at the Star Nissan dealership, ...Continue Reading →
There has been an important development for tipped workers in the state of Connecticut. The Connecticut Supreme court has decided that delivery workers cannot be paid a tip credit instead of the full minimum wage rate. The norm had been that businesses like hotels and restaurants would pay its delivery workers the reduced minimum wage because they were earning tips, however, this recent decision points out that the law may have been misinterpreted all along. Delivery workers may have always ...Continue Reading →
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 ...Continue Reading →
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 ...Continue Reading →
In the last couple of years there has been an explosion in filming throughout New York City almost daily. Crew members like production assistants can be seen running around, helping shut down traffic or detour pedestrians. They weave through the city streets exasperated on coffee runs or scramble around with walkie talkies in hand. As staples to the industry, these assistants have always worked long arduous hours for next to nothing. For decades it had been custom for production assistants ...Continue Reading →
Fitapelli & Schaffer, LLP is investigating claims against New York car dealerships. After successfully resolving a multi-million dollar unpaid wage case against The Major Automotive Companies, one of New York’s largest dealerships, our firm has found that the car dealership industry is riddled with many of the same violations. These wage violations deprive sales representatives of lawfully earned commissions and wages.
Many sales representatives for car dealerships often work long hours and are underpaid. For instance, dealerships often fail to provide ...Continue Reading →
On Thursday, July 07, 2016, Fitapelli & Schaffer LLP filed a class action wage lawsuit against Rosa Mexicana, a Michelin rated restaurant serving upscale Mexican inspired dishes with 17 locations worldwide. This lawsuit seeks to recover minimum wages, overtime pay, call-in pay, and other wages for Plaintiffs and their similarly situated co-workers – servers, bussers, bartenders, food runners, barbacks and other “tipped workers” – who work or have worked at Rosa Mexicano restaurants nationwide with the exception of Rosa Mexicano ...Continue Reading →