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24 MAR

Disability Discrimination Verdict of 4.5 M Against Auto Dealer

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An employee of Fields Motor cars of Florida, a Mercedes dealership, sued them for disability discrimination after they terminated him once he returned from a medical leave for his kidney cancer treatment. The 71 year old employee was cleared to return to work where he capable of completing all of his job duties but was instead terminated for failing to follow company policies over an incident that happened 10 years prior.

A federal jury in Florida recently reached a verdict in ...

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15 MAR

Nick’s Pizzabar Sued for Unpaid Wages

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On Monday, March 13, 2017, Fitapelli & Schaffer, LLP filed a class action lawsuit against Nick’s Pizzabar for unpaid wages. Nick’s Pizzabar, which is under the same management as other well known NYC restaurants such as Harry’s Café and Steak, Pier A Harbor House, Harry’s Italian, Adrienne’s Pizzabar, Ulysses’ Folk House, Bathtub Gin, The Dead Rabbit, Le District, The Growler, and Vintry Wine & Whiskey, has failed to properly compensate its former and current delivery workers. This lawsuit seeks to ...

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14 FEB

7 Million Dollar Settlement for Real Estate Appraisers

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On January 31, 2017, Real Estate Appraisers for Bank of America Corp. were awarded a 7 million dollar settlement after alleging LandSafe, Inc. and LandSafe Appraisal Services, Inc., and their parent company, Defendant Bank of America Corp., refused to pay them overtime even after a similar case against them for unpaid overtime two years prior settled for 36 million dollars. This lawsuit claimed that Bank of America Corp. refused to change their compensation practices even after the prior lawsuit and ...

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13 FEB

Construction Companies Frequently Fail to Pay Laborers Overtime

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Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which as argued by a recent lawsuit against Magnetic Contracting Corp. and City Metro Corp., would entitle them to receive overtime pay when working over 40 hours per week. Magnetic Contracting Corp., a commercial and residential construction company operating throughout the greater New York City area, was hit with a class action Fair Labor Standards Act (FLSA) and ...

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12 JAN

Walmart to pay $7.5 M to Settle Same-Sex Benefits Lawsuit

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The retail giant, Walmart, has settled a discriminatory same-sex benefits lawsuit. They have agreed to pay $7.5 million after resolving a lawsuit filed in 2015 by a Massachusetts employee. That employee alleged being repeatedly denied health coverage for her wife due to their same-sex marriage. The lawsuit was brought as a class action and intended to cover other Walmart employees in same-sex marriages that were denied health insurance.

Although Walmart has denied these claims, it has agreed to pay ...

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12 JAN

Duane Reade to Pay Out Big for Overtime Violations

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The popular drugstore chain, Duane Reade, has finally settled a 5 year long class action lawsuit that alleged it denied overtime pay to its employees. They have agreed to pay $13.5 million to cover claims that its assistant store managers were not paid for all of their hours worked in accordance to the Fair Labor Standards Act (FLSA).

According to the lawsuit, Duane Reade required its Assistant Store Managers to work at least 55 hours per week but only ...

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4 JAN

Keane Group Holdings Sued for Unpaid Overtime

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Fitapelli & Schaffer, LLP along with Bruckner Burch PLLC filed a collective action against Keane Group Holdings for unpaid overtime. Keane, well known to some of the largest oil and gas companies, offers completion services such as hydraulic fracturing, engineered solutions, wireline technologies, coiled tubing, top hole air rig packages, and cementing. This lawsuit seeks to recover overtime pay for plaintiffs and their similarly situated oilfield coworkers. Affected workers include QSHE Coordinators, Wireline Supervisors and other similar salaried workers.

When pay ...

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13 DEC

Nursing Home Chain in NY Owes Workers $2M

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The Grand Healthcare System, a nursing home chain based out of New York, was investigated by the Department of Labor (DOL) for possibly violating the Fair Labor Standards Act (FLSA) by not paying its employees for all of their hours worked.  This past Thursday, the DOL announced that the company has agreed to pay more than $2 million to affected workers.

Nearly 850 employees across five different nursing home locations will be entitled to back wages and damages. The ...

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2 DEC

Schlumberger Sued for Unpaid Overtime

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Schlumberger Tech Corp., one of world’s largest oilfield services, has been accused of failing to pay its oilfield workers the proper wages under the Fair Labor Standards Act (FLSA). A class action lawsuit filed this past Tuesday in Pennsylvania federal court alleges that this subsidiary of Schlumberger Ltd. owes its “Measurement While Drilling” employees wages after not paying them overtime when working over 40 hours per week.

These Measurement While Drilling employees were required to work 12 hours per ...

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29 NOV

Tipped Employees Move For FLSA Step-One Certification Against P.F. Chang’s

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On April 1, 2016, Fitapelli & Schaffer, LLP, along with Werman Salas P.C., filed a class and collective action lawsuit against P.F. Chang’s China Bistro Inc., owner and operator of the famous P.F. Chang’s restaurant chain. The lawsuit alleged that P.F. Chang’s failed to pay tipped employees the proper minimum and overtime wages to which they were entitled.  On November 28, 2016, the law firms asked the Court for Step-One Certification under the Fair Labor Standards Act (“FLSA”), which would ...

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