Judge Denies Defendants Motion to Dismiss in TCPA Case Against NYSC

Back in May of 2018 Fitapelli & Schaffer, LLP along with Terrell Marshall Law Group PLLC filed a class action lawsuit against New York Sports Club (“NYSC”) for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending text messages to recipients’ cellular phones without their prior written consent. NYSC owns and operates health and fitness facilities in New York, Boston, Washington, D.C. and Philadelphia and claim to have “the largest gym network in the Northeast.” The TCPA makes it ...

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Swift to Pay $100M in Independent Contractor Misclass Lawsuit

After an almost decade long legal battle, Swift Transportation, a truckload motor shipping carrier, has reached a monumental class action settlement agreement. Swift has agreed to pay up to $100 million to more than 19,000 of its drivers. According to the 2009 class action filed by its drivers, Swift misclassified them as independent contractors instead of employees of the company. By doing so, Swift denied its drivers from significant pay ...

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DOL Proposes New Minimum Salary Threshold for Overtime Exemptions

After holding numerous listening sessions for public feedback, the U.S. Department of Labor (“DOL”) has issued a revised increase to the minimum salary threshold for white-collar exemptions. The DOL’s proposal included raising the minimum salary requirement for being considered an exempt employee from an annual salary of $23,660 to $35,308. This could cause over a million workers to become eligible to receive overtime pay when working over 40 hours in a work week.

This proposal comes in response to the backlash ...

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Patriot Well Solutions Sued Over Unpaid Overtime

Patriot Well Solutions , one of the leading providers of wireline and coiled tubing service in the United States, has just been sued over failing to pay its employees the proper wages. There are a significant number of potentially affected employees throughout the nation working on projects for Patriot in Wyoming, Colorado, North Dakota and Texas. The affected job titles include Wireline Operators, equipment operators, and other similarly situated workers.

Despite the fact that these laborers are considered non-exempt employees, meaning ...

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Charges for Unpaid Wages Prompts Arrests for NYC Restaurant

The restaurant industry is notorious for cheating workers from receiving their pay in accordance with the law. Often times tipped workers in restaurants are paid less than the minimum wage, not paid overtime at time and one half, forced to complete hours of prepping and cleaning without the correct pay or paid a set salary instead of an hourly rate.  In this specific matter, it was made clear ...

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River Palm Terrace Steakhouse Sued for Unpaid Wages

River Palm Terrace which was recently voted one of “America’s 50 Best Steakhouses” allegedly owes its tipped employees hard earned cash. A lawsuit filed this past Friday alleges that the steakhouse owes its tipped workers minimum wages, overtime pay, and misappropriated tips. Tipped employees that could be affected by this lawsuit include servers, bussers, runners, bartenders and other tipped employees that work or have worked at the steakhouse located at 1416 River Road, Edgewater, New Jersey 07020. The class action ...

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Chipotle Facing Thousands of Wage Theft Arbitration Claims of its Own Making

Chipotle is now crying for mercy after forcing its current and former employees to enter into arbitrations to argue their wage claims against the company. The fast-food goliath had instituted a company-wide tactic of requiring its employees into arbitration agreements in 2014 forcing almost 3,000 plaintiffs into individualized reviews of their claims by arbitrators as opposed to class action lawsuits in court. When you sign an arbitration agreement, you promise to pursue any legal claims against your ...

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Walgreens to Pay $269 Million on FCA Claims It Overcharged Federal Programs

Walgreens Boots Alliance Inc. has agreed to resolve two federal and state lawsuits under The False Claims Act for $269 million. The False Claims Act (FCA) was enacted by Congress long ago to effectively combat fraud against the federal government. In these two cases, Walgreens had been accused of overbilling federal health-care programs. The settlements were approved last week and made public this past Tuesday.

The first case in this matter settled for $209.2 million which Walgreens agreed ...

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Court Denies Berry Bros Motion to Dismiss

The wage and hour class action lawsuit filed against Berry Bros Construction for failing to pay its laborers overtime pay will continue to move forward. Filed in November of 2018, this case seeks to recover unpaid overtime for a proposed class of laborers including mechanics, welders and electricians. Recently, the Texan based construction company asked the court to dismiss the case based on grounds that the plaintiff did not plead sufficient facts in order to establish a claim under the ...

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Transportation Workers to be Exempt from Arbitration

A recent Supreme Court ruling found that federal courts cannot force interstate transportation workers into having an arbitration hearing to resolve workplace disputes. Employees are often forced to sign arbitration agreements with their employer, which usually forces them to pursue any legal claims such as discrimination, wrongful termination, and breach of contracts, through arbitration instead of a lawsuit. Arbitration claims are presented to and decided by an arbitrator as opposed to a jury which is often viewed ...

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