California’s Department of Industrial Relations has just dropped the hammer on Cheesecake Factory. The state agency is enforcing a recent law that holds businesses jointly liable for workplace violations experienced by contracted and subcontracted workers such as unpaid wages. The famed chain restaurant had used a cleaning services contractor that subcontracted out the work for overnight janitorial staff but an investigation launched by the state agency found that those workers were not paid properly as well as ...Continue Reading →
The Beatrice Inn , a critically acclaimed high end “chop house” restaurant located in New York City, has just been hit with a class action lawsuit in order to help recover owed wages. The lawsuit alleges that the Beatrice Inn owes its employees minimum wages, overtime compensation, misappropriated tips, and other damages. Affected workers include captains, bartenders, barbacks, and other similarly situated non-managerial employees, commonly referred to as “tipped workers”. Fitapelli & Schaffer, LLP, the employment law firm handling the ...Continue Reading →
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 →
The Appellate Division, First Department recently ruled that “live-in” nurses working 24-hour shifts should be paid for all 24 hours regardless of their allotted sleep and meal breaks. This ruling came in stark contrast to what had been the New York State Department of Labor’s (DOL) longstanding view that “live-in” nurses’ payment should follow the 13-Hour Rule. It required that they only be paid for 13 hours of their shift if they were allotted at least 8 hours of sleep ...Continue Reading →
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 ...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 →
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 ...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 →