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Fitapelli & Schaffer Featured in Super Lawyers 8 Years Running

Through their dedication and commitment to their hard-working clients, Fitapelli & Schaffer, LLP has helped recover over 100 million dollars and has once again been featured in Super Lawyers. The firm specializes exclusively on employee rights and has consistently achieved significant results when dealing with unpaid wages, overtime, commissions and tips, as well as wrongful termination due to discrimination and whistleblower claims. Learn more about the firm’s success by clicking below.

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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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Nordstrom Owned Trunk Club to Pay $1.75M In OT Suit

Trunk Club, a Nordstrom subsidiary, which offers clients personal styling with mid to high end clothing brands recently agreed to pay its employees $1.75 million in a wage lawsuit. The hourly non-exempt workers alleged that they were required to perform work off-the-clock that went unpaid.  Nordstrom’s Trunk Club offered their services nationwide with affected employees working in several states including California, Massachusetts, South Carolina, Illinois, Texas, Washington, D.C., and New York.

Under federal and state laws, including the ...

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Oilfield Overtime Lawsuits for Independent Contractors

In the last couple of years, numerous oilfield overtime lawsuits exposed companies in the oil and gas industry for misclassifying workers as independent contractors. These energy companies have recently turned to using this misclassification tactic as a means to reduce payroll costs at the employees’ expense. The misclassified employees often work well over 40 hours per week and receive no overtime pay.  This is especially true when employees work for several weeks straight and anywhere from 10 ...

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Production Assistants to get $10M from CBS for OT Settlement

To get their foot in the door, production assistants have been putting up with crazy work schedules on set for decades now in hopes of climbing the ranks in their field. However, there is nothing glamorous about working 12+ hour days and earning less than minimum wage. Most production assistants earn a day rate starting work hours before “call time” and working way after the crews on set wrap up. Positions such as production assistants and other ...

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Day Rate Employees for EnSite USA Sue for Unpaid Overtime

Unfortunately, there are many job industries that frequently pay their workers a day rate or weekly salary without any regard to all the hours actually worked. This often denies a worker from being compensated correctly. They are left earning less than the hourly minimum wage and/or kept from receiving overtime pay at time and a half of what their regular hourly rates should be when working over 40 hours in a work week. The oil and gas industry, for example, ...

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Autobody Shop Owes Employees $400K in Wages & Damages

An autobody shop in Smithtown, Long Island was sued last summer by the United States Department of Labor (USDOL) and has recently agreed to pay affected employees $400,000 in owed wages and damages. Almost 50 current and former employees were denied the proper overtime wages and experienced several labor violations. The autobody , Bi-County, is one of several Central Islip auto repair shops that have settled federal wage violations charged just this year alone.

The employees at this ...

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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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