On September 10, 2015, New York Commissioner of Labor Mario Musolino adopted the Fast Food Wage Board’s recommendations regarding increasing the minimum wage for fast food workers in New York to $15 per hour. The Order will take place thirty days after notice is published in at least ten newspapers in New York.
Musolino approved the phase-in schedules for the minimum wage increase in New York City and the rest of the state. New York City’s minimum wage for fast food ...
Continue Reading →The New York City Commission on Human Rights amended the New York City Human Rights Law (“NYCHRL”) by adding the Stop Credit Discrimination in Employment Act (“SCDEA”). The SCDEA went into effect on September 3, 2015 and makes it unlawful and discriminatory for employers, labor organizations, and employment agencies to request or use the consumer credit history of an applicant for the purpose of making any employment decisions, including hiring, compensation, and other terms and conditions of employment. N.Y.C. Admin. ...
Continue Reading →On Tuesday, September 1, 2015, a federal judge granted class action certification in a lawsuit against Uber. The lawsuit argues that Uber labels their drivers as independent contractors when they should actually be considered employees. Labeling workers as independent contractors rather than employees is a method employers frequently utilize in bad faith to keep labor costs low, because it allows them to avoid paying workers minimum wage and overtime compensation. It also allows employers to avoid paying for health insurance ...
Continue Reading →On Wednesday, September 2, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Western District of New York on behalf of all servers, bussers, bartenders, barbacks, and other tipped workers (collectively “Tipped Workers”) who work or have worked at Delmonico’s Italian Steakhouse located at 1553 Central Avenue, Albany, New York 12205 (“Albany Delmonico’s”); 125 White Spruce Boulevard, Rochester, New York 14623 (“Rochester Delmonico’s”); 147 North Genesee Street, Utica, New York 13502 ...
Continue Reading →On August 27, 2015, the National Labor Relations Board (NLRB) established a new standard to determine joint employer status under the National Labor Relations Act in Browning-Ferris Industries of California, Inc. The new standard substantially broadens what it means to be an employer, as it includes employers who only affect employment conditions indirectly, which will allow many more employers to fall in the joint employer category.
The Browning-Ferris decision overruled three cases, TLI, Laerco, and Airborne, that had set the previous ...
Continue Reading →On Friday, August 28, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Koi Group Inc, Koi NY LLC d/b/a Koi Restaurant, and Koi NY Downtown LLC d/b/a Koi SoHo, (collectively, “Koi”). The lawsuit is filed on behalf of all servers, bussers, runners, bartenders and other “Tipped Employees” who work or have worked at Koi Restaurant located at the Bryant Park Hotel or Trump Soho in ...
Continue Reading →On July 30, 2015, Judge Gabriel Gorenstein of the United States District Court for the Southern District of New York granted Plaintiff’s Motion for Conditional Approval of a Collective Action against Cheetahs Gentlemen’s Club & Restaurant (“Cheetahs”). The court held that Plaintiffs sufficiently demonstrated that they are similarly situated to other entertainers who worked at Cheetahs. The court granted notice to be sent to “all individuals who worked at Cheetahs”, so they may have an opportunity to join the case. ...
Continue Reading →On Wednesday July 22, 2015, the New York Wage Board, appointed by Governor Andrew Cuomo, approved a proposal for minimum wage to be increased for workers in the fast food industry in New York City to $15 per hour. The increase would occur over a period of three years in New York City, and over a period of six years for the rest of New York.
The first wage increase would occur by December 31, 2015, raising the minimum wage in ...
Continue Reading →The 2nd Circuit Court of Appeals ruled on July 23, 2015 in Lola v. Skadden, Arps, Slate, Meagher & Flom et al that contract attorneys hired to perform document review could be eligible for overtime pay for hours worked over 40 per workweek. Though employers are not required to pay licensed attorneys overtime if their work is considered to be legal work, the 2nd Circuit held that contract attorneys could potentially receive overtime pay if their work is so basic ...
Continue Reading →On July, 22 2015, Fitapellli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Artisanal Fromagerie & Bistro, LLC (“Artisanal”), Vincent S. Bonfittodrory a/k/a “Sarid Drory,” and Terrance Brennan. The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, and other similarly situated tipped employees (collectively, “Tipped Employees”) who work or have worked at Artisanal, located at 2 Park Avenue South, New York, New York ...
Continue Reading →