An Update on DOL Overtime Regulations

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In May of last year the Department of Labor (DOL) announced that it would increase the threshold salary requirements in determining whether an employee is exempt from receiving overtime pay under the Fair Labor Standards Act (FLSA). The DOL’s final rule affected professional, administrative and executive employees by dramatically increasing the threshold salary from $455per week to $913 per week. It also bumped the salary threshold for exempt highly compensated individuals from $100,000 to $122,148.

This change in overtime regulations caused ...

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Boca Juniors Steakhouse Sued for Unpaid Wages

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Boca Juniors, the well known Argentine restaurant in Queens, New York which caters to soccer fanatics and steakhouse enthusiasts, has been sued by a former employee. A lawsuit was filed on August 31, 2017, by Fitapelli & Schaffer, LLP on behalf of a former back of the house employee. The former kitchen worker is seeking unpaid overtime compensation, unpaid spread of hours pay, and other damages.

The lawsuit alleges that Boca Juniors Steakhouse and its owners instituted many policies and practices ...

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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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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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NY Legislators to Curb Misuse of Non-Compete Agreements

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Dealing with a termination can be a difficult task, but when coupled with restrictions set forth by your previous employer stopping you from working for another company, it can be an absolute nightmare. Many workers are often faced with this scenario after having signed a non-compete agreement at the beginning of their employment. The agreement takes effect after the employer-employee relationship has ended, and usually prohibits former employees from working for a competitor for a period of time ...

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Star Nissan Auto Group Sued for Unpaid Wages

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Car dealerships are a commonplace for negotiating deals, however, over the last couple of years sales representatives have been realizing they might actually be the ones getting the short end of those transactions. Two former sales representatives at Star Nissan Autogroup, one of the largest privately owned car dealerships of the NY metropolitan area, have brought a lawsuit against the company to try and remedy violations that they allege include failing to pay minimum wage, overtime, agreed upon wages, unlawful ...

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Car Dealerships Plagued with Wage Violations

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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 ...

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Rosa Mexicano Wage Lawsuit

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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 ...

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Red Rabbit Wage Lawsuit

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On Tuesday, June 7, 2016, Fitapelli & Schaffer, LLP filed a class action wage lawsuit against Red Rabbit, a business that focuses on the preparation of healthy school meals for over 150 schools in the New York City area. Despite the company’s positive initiative to offer healthier food options to NYC school kids, it seems as though they are doing it at the expense of its hard working employees. This wage lawsuit, which represents cooks, food buyers, porters and other ...

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Physician Assistants Wage Lawsuit

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On Tuesday, May 31, 2016, Fitapelli & Schaffer, LLP filed a class and collective wage lawsuit against Dwell Family Doctors (Dwell) and Throggs Neck Walk-In Medical Care, P.C. (Throggs Neck), urgent care medical services providers that operate many emergency walk in clinics in the greater New York City area. The lawsuit also affects the following companies: Urgent Care of Westchester, First Choice Walk-In Urgent Care, Nassau South Urgent Care, and Walk-In Medical, Urgent Care. The wage lawsuit represents physician assistants ...

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