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Supreme Court Pro-Business Decisions

 

Recent Supreme Court Decisions Favor Businesses over Consumers, Employees

A recent Minnesota Law Review article studied 2,000 Supreme Court decisions from 1946 to 2011, and confirmed that the current Supreme Court is, by a wide margin, the most business-friendly Court during the time period.  All five of the Court’s conservative-leaning judges (John Roberts, Anthony Kennedy, Antonin Scalia, Clarence Thomas, and Samuel Alito) rank among the ...

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RIKI Restaurant NYC Lawsuit

Click Here to View Complaint

 

On April 30, 2013, Fitapelli & Schaffer filed a class and collective action lawsuit against the owners and operators of Restaurant Riki, Box Snack Riki, and Riki Yakiniku Izakaya (collectively referred to as the “Riki Restaurants”), for failing to pay minimum wages, overtime wages, spread of hours pay, and for misappropriating customer tips intended for their servers.   According to the lawsuit, the Riki Restaurants  have violated numerous provisions of the ...

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Wage Theft in the United States

 

An “Invisible Epidemic”: U.S. Employers Stealing Employees’ Wages at an Alarming Rate

Alternet.org recently published an article regarding wage theft, and the alarming rate at which workers in America – especially low wage workers – are being “robbed” by what most would consider an unlikely thief: their employer. 

In the face of globalization and an economy in recession, thousands of businesses have set their sights on workers ...

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Supreme Court Genesis Decision Rule 68

 

Genesis Healthcare Corp. v. Laura Symczyk, No. 11-1059, — S.Ct. –, 2013 WL 1567370 (Apr. 16, 2013)

The U.S. Supreme Court’s (“Supreme Court”) ruling in Genesis, didn’t address the ultimate question of whether an unaccepted offer to make the named plaintiff whole can moot the individual Fair ...

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NYC Sexual Harassment Lawyers

 

A former associate of Faruqi & Faruqi, a Wall Street plaintiffs’ law firm, filed a sexual harassment lawsuit against one of the partners of the firm, Juan Monteverde.  The former associate, Alexandra Marchuk, accused Monteverde of relentlessly harassing her the night of the office holiday party, then pushed her to the floor and “quickly, forcefully, and painfully had sex with her.”  After the incident, Alexandra ...

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Supreme Court Comcast Case

 

Comcast Corp. v. Behrend, No. 11-864, 2013 WL 1222646 (Mar. 27, 2013)

In a 5-4 decision, the Supreme Court of the United States overturned the lower courts’ rulings to grant class certification for the plaintiffs’ antitrust claims.  Although this case dealt with antitrust violations, Defense Attorneys will ...

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Wanrong Trading Corp. Lawsuit

Stamped Complaint 13-1727 (FB)(RML)

 

On April 1, 2013, Fitapelli & Schaffer filed a class and collective action lawsuit against Wanrong Trading Corp. (“Wanrong”) for failing to pay overtime wages for hours worked over 40 per workweek.  According to the lawsuit, Wanrong misclassified its employees as exempt from overtime provisions of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  In order to minimize labor costs, Wanrong, a meat processing ...

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SUCCESSOR LIABILITY UNDER THE FLSA

 

Teed v. Thomas & Betts Power Solutions, LLC, Nos. 12-2440, 12-3029, 2013 WL 1197861 (7th Cir. March 26, 2013)

A federal appellate court agreed with the lower court to apply the doctrine of successor liability to cases dealing with violations of the Fair Labor Standards Act (“FLSA”).  ...

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MANHATTAN CLUBS CHARGING HIDDEN FEES

As reported in today’s New York Post, Nightclubs in NYC are being investigated for charging customers 20% to 25% in addition to the menu prices.  This practice may be illegal, as tipped employees, such as waiters, bartenders and cocktail servers may be entitled to the surcharge if there is no explanation, as the customer would believe the fee is a gratuity.  Fitapelli & Schaffer is currently involved in a lawsuit against Provocateur in the Gansevoort Hotel regarding this exact issue.  ...

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