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12 SEP

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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7 SEP

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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6 SEP

LPNs Sue Healthcare Facility for Unpaid Wages

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Employees in the healthcare industry, such as licensed nurse practitioners (“LPNs”), are often subject to workplace violations. LPNs often face issues such as unpaid wages, unpaid overtime, or may witness Medicare or Medicaid fraud. Recently, the employment lawyers at Fitapelli & Schaffer, LLP filed a class and collective action lawsuit against a healthcare facility, Atrium Center for Rehabilitation and Nursing formerly known as River Manor Care Center for unpaid wages and unpaid overtime. The lawsuit is on behalf of all ...

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17 AUG

Bar Louie Faces Yet Another Wage Lawsuit

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It seems as though the restaurant industry just does not want to clean up its act when it comes to paying its workers correctly. This is at least the case for BL Restaurant Operations LLC, also known as Bar Louie, that has been hit with yet another wage lawsuit.  Back on April 20, 2017 Fitapelli & Schaffer, LLP along with Shellist Lazarz Slobin LLP, filed an amended class action complaint against the upscale nationwide bar/restaurant on behalf of tipped employees. ...

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14 AUG

Oilfield Workers Sue Hess for Unpaid Overtime

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The oilfield giant, Hess Corporation, has been hit with yet another lawsuit seeking to recover unpaid wages for its oilfield workers. The wage lawsuit alleges that Hess Corporation failed to pay certain oilfield workers overtime pay as required by state and federal law. The lawsuit seeks to recover damages for unpaid overtime for worked in excess of forty hours per workweek. Affected employees include any current or former oilfield workers such as Rig Clerks or other similarly situated employees who ...

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31 JUL

Incinia Contracting Sued for Unpaid Overtime

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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 ...

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23 JUN

Notice to be Sent for Nick’s Pizzabar Class Action

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In March 2017, Fitapelli & Schaffer, LLP filed a class and collective action lawsuit against Nick’s Pizzabar located at 365 3rd Avenue, New York, New York 10016.  The lawsuit seeks to recover minimum wages, uniform maintenance pay, unlawful deductions, and other wages for all current and former delivery workers.  Among other claims, the lawsuit alleges that Defendants failed to provide proper notice to delivery workers that would enable the company to take a “tip credit” towards the hourly rates paid ...

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22 JUN

Court Denies Raymour & Flanigan’s Motion to Compel Arbitration in TCPA Class Action Case

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On February 16, 2017, a class action lawsuit was filed by Fitapelli & Schaffer, LLP and Terrell Marshall Law Group PLLC against Raymour & Flanigan (“Raymour”) for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending text messages to recipients’ cellular phones without their prior written consent.  The TCPA makes it unlawful to make any calls, send any text messages, and/or send any faxes to a person or business, for commercial reasons, without that person’s express written consent.  Each ...

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20 JUN

Plaintiffs Granted Conditional Certification in P.F. Chang’s Case

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On May 15, 2017, in the case of Black et al.  v.  P.F. Chang’s China Bistro, Inc., No. 16 Civ. 03968, Judge Robert M. Dow Jr. of the United States District Court for the Northern District of Illinois Eastern Division granted Plaintiffs’ motion for conditional certification of a collective action under the Fair Labor Standards Act (FLSA).

Plaintiffs originally commenced this action on April 1, 2016, on behalf of themselves and all similarly situated current and former tipped workers employed at ...

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14 JUN

Verizon to Lay Off Thousands of Workers During AOL-Yahoo Merger

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As Verizon’s AOL unit merger over Yahoo takes effect, thousands are expected to be laid off. The communications behemoth will be merging departments like human resources, finance, marketing and general administration and would have obvious overlap. They estimate that about 2,100 people in both the New York and California offices would be in redundant positions as the union finishes taking shape.

With layoffs in larger companies, it may be common to receive some sort of severance package ...

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