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LADY GAGA OVERTIME LAWSUIT

On December 14, 2011, Jennifer O’Neill filed an unpaid overtime lawsuit against Lady Gaga, one of the most successful recording artists of all-time, for failing to pay her time and one half when she worked over 40 hours per week.  The Plaintiff, Ms. O’Neill was employed as Lady Gaga’s personal assistant from 2009 until March 2011.  Rather than being paid an hourly rate plus overtime, Plaintiff was paid a salary regardless of the number of hours actually worked.  The complaint ...

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NLRB RULES CLASS ARBITRATION AGREEMENTS ARE ILLEGAL

In a monumental decision, the NLRB has ruled that forcing employees to sign class-action waivers is illegal.  In this case, the employer, DR Horton, forced employees to sign arbitration agreements stating they could bring individual claims, not class action claims in arbitration.  The employee wanted to file a collective action under the FLSA to recover unpaid overtime.  The decision is significant because the Fair Labor Standards Act allows employees to bring a  case on behalf of themselves and all others ...

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BENJAMIN STEAKHOUSE LAWSUIT

Click Here to view the Complaint- Scanned Complaint_11 Civ. 9401 (PKC)

Fitapelli & Schaffer filed a class action lawsuit in the Southern District of New York, against Benjamin Steakhouse, an upscale steakhouse in Manhattan.  The restaurant is owned by Alban “Benjamin” Prelvukaj, a former employee of Peter Luger.  We allege that our client and similarly situated hourly, tipped employees, such as servers, bussers and bartenders were not paid full minimum wage and overtime for all the hours they worked.  Even ...

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Accountants Entitled to Overtime Pay

Even though accountants are always classified as exempt and not paid overtime when they work over 40 hours per week, they are very likely to be entitled to overtime pay.  Most accounting firms classify all accountants as exempt from receiving overtime, regardless of the job they actually perform.  Non-licensed accountants are very likely entitled to overtime pay.  This appears to be an industry-wide epidemic.  As an example, a Federal Court in New York just ruled that certain accounting employees for ...

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Applebee’s Decision Regarding Minimum Wages for Tipped Employees

An Appeals Court has recently ruled against Applebee’s regarding the payment of minimum wage to tipped employees.  In that case, tipped employees, such as servers, bartenders and bussers spent more than 20% of their day performing non-tipped related activities, such as setting tables, cleaning silverware, filling salt and pepper shakers, cutting fruits and vegetables and general cleaning.  Since tipped employees spent more than 20% of their day performing non-tipped related duties, they were entitled to the full minimum wage of ...

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LAWSUIT AGAINST CAPITAL GRILLE

Fitapelli & Schaffer filed a nation-wide class and collective action against Capital Grille, a chain of over 40 upscale steak houses.  We are seeking to represent all tipped employees, including servers, bartenders, bussers, runners and barbacks who currently or have worked for the company for the past six years.  We allege the following violations:

 

1. Minimum Wage- Employees should have been paid $7.25 per hour and should have been compensated for having to arrive at work 15 minutes before the start ...

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FLUTE BAR CASE UPDATE

216-b notice (final 11-9-11)

 

Fitapelli & Schaffer is pleased to announce that Judge Colleen McMahon of the United States District Court, Southern District of New York has approved a collective action notice which will be sent to all tipped employees who worked for the two Flute Bars in New York City during the past three years.  If someone fills out and sends back the form, they will become a plaintiff in the case and will be eligible to share in ...

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LAWSUIT AGAINST PUBLIC HOUSE, BUTTERFIELD 8, TAMMANY HALL & WICKER PARK

Fitapelli & Schaffer filed a class and collective action against Public House Investments, LLC for failing to pay proper wages to tipped employees including servers, bussers, runners and bartenders.  The lawsuit is brought on behalf of all tipped employees who worked at the following bars over the past six years: Public House, Butterfield 8, Tammany Hall and Wicker Park.  The allegations include failure to pay minimum wage ($7.25 per hour), overtime (time and one half over 40 hours per week), ...

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PHARMACEUTICAL REPS ENTITLED TO OVERTIME PAY

A New York federal judge on Thursday gave initial certification of a collective action alleging the U.S. affiliate of Japan-based Astellas Pharma Inc. misclassified current and former pharmaceutical representatives as exempt from overtime pay.  The Judge granted conditional certification of the Fair Labor Standards Act action against Astellas Pharma US Inc., finding that the named plaintiff was able to show that he and other sales representatives nationwide held the same general job description and had been exempted from overtime.  Therefore, ...

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GRISTEDES OWNER FOUND LIABLE FOR UNPAID WAGES

In a recent decision by Judge Crotty in the Southern District of New York, John Catsimatidis was held to be jointly and severally liable for wage and hour violations committed by his company, Gristedes.  Gristedes, one of the largest supermarkets in New York City was accused of failing to pay overtime to thousands of workers.  The case was certified as a class action, and the workers were to receive well over $2 million.  However, the Company argued that due to ...

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