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14 JUL

Moonstruck Diner Case Update

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On October 2, 2013, Fitapelli & Schaffer, LLP filed a lawsuit alleging that Defendants Moonstruck Diners failed to pay non-exempt workers the proper minimum wage rate, overtime pay and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law.

On July 2, 2014 the Court granted Plaintiff’s Motion for an Order Granting Class Certification, Court Authorization and Expedited Discovery pursuant to 29 U.S.C. § 216(b) and denied Defendants’ Cross-Motion for Judgment on the Pleadings ...

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2 JUL

Census Class Certification

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A major decision was reached on July 1, 2014 in the Houser v Pritzker case pending in the U.S. District Court Southern District of New York. The case was filed on April 13, 2010 against the Census Bureau, an agency of the United States Department of Commerce that is charged with conducting a population and housing census every ten years.

The case concerns a class of African American and Latino plaintiffs who underwent criminal background checks as part of their job ...

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26 JUN

Background Check Discrimination

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The Fair Credit Reporting Act (“FCRA”) is a federal law that protects employees by restricting the use of their criminal and credit reports.  Before an employer can even conduct a background check, it has to notify the employee in writing and get the employee’s written authorization.  In order for the notice and authorization to be sufficient, the employer must meet the strict guidelines set forth by the FCRA.  Even when the employer wants to take adverse action (fire, demote, or ...

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24 JUN

Possible Amendments to the New York Labor Law

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An Act sitting in the New York State Senate may bring important changes to the New York Labor Law. If Governor Cuomo signs the Act then employers will no longer be required to provide annual wage notices. Instead employers will only have to provide an employee with a wage notice upon hire. If an employer does not provide an employee with a wage notice after 10 business days of the employee’s first day of work, then a penalty of up ...

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23 JUN

Senate Bill introduced to Expand Overtime Protection

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On June 18th, 2014, Senator Tom Harkin along with 8 other Senate Democrats launched the Restoring Overtime Pay for Working Americans Act in order to protect low and mid-wage salaried workers.  As our outdated overtime laws deny many Americans nationwide pay that reflect their hours worked, this legislation would help employees achieve the simple right of being adequately compensated for a long days work.

Changes would be gradual and would look to raise the overtime salary threshold for executive, administrative and ...

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