The Supreme Court of the United States recently decided in Christopher v. Smithkline Beecham Corp. that pharmaceutical sales representatives are not entitled to overtime wages under the Fair Labor Standards Act (“FLSA”) because they satisfy the ‘outside salesmen’ exemption.  The Court based their decision on the nature of the pharmaceutical sales reps’ position and the rules and industry wide practices set forth in the pharmaceutical sales industry.  A pharmaceutical sales rep’s objective is to enter into as many nonbinding commitment ...

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F&S filed a class and collective action in the United States District Court Southern District of New York against Fiddlesticks and Galway Hooker, very well-known bars in New York City.  We allege workers were not paid properly and violations include minimum wage, overtime and spread of hours pay.  Current and former employees should contact the firm to join the case as soon as possible.  We are seeking liquidated damages, which can double the amount ...

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On April 24, 2012, Fitapelli & Schaffer filed a class and collective action lawsuit against Gusto Restaurant in New York City.  The lawsuit alleges Gusto failed to pay their employees minimum wage, overtime, gratuities and spread of hours to servers, bussers, runners, bartenders, barbacks, dishwashers, salad and pasta preparers.  Since we filed the lawsuit, additional workers have joined the case.  We will seek to represent all eligible workers who have been employed by Gusto ...

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Boston Market has agreed to settle an overtime claim for $3 million.  The claim was brought on behalf of assistant managers who alleged they were wrongfully misclassified as exempt from the overtime laws.  The settlement covers a nation-wide collective action pursuant to the Fair Labor Standards Act and class actions pursuant to New York and Connecticut law.  Many cases involving assistant managers are fact specific, and turn on whether the employees performed menial tasks for a majority of their workday, ...

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On April 6, 2012, Judge Katherine B. Forrest of the United States District Court, Southern District of New York granted Plaintiffs’ motion for a collective action pursuant to the Fair Labor Standards Act (FLSA).  The lawsuit alleged that Merrill Lynch and Bank of America misclassified Financial Advisors as exempt salaried employees and thus, did not pay them overtime.  However, because the Court found that all Financial Advisors are similarly situated, a notice will be mailed to all Financial Advisors advising ...

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As people find it increasingly difficult to obtain employment in the midst of the great recession, a new trend has emerged: Employers are using the poor job market as an excuse to test the boundaries of privacy laws regarding prospective candidates.  Knowing full-well that individuals are desperate to secure employment, companies are attempting to secure private information as a way of screening potential applicants.  For example, companies have begun requesting that potential hires provide their facebook username and password at ...

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Scanned complaint – CV12-1264

Fitapelli & Schaffer, LLP recently filed a class and collective action lawsuit against Andres Carne De Tres, a very popular Columbian restaurant in Woodside, Queens.  We allege tipped employees were not paid minimum wage, overtime, spread of hours, gratuities and service charges.  To make matters worse, our client was paid only $30 no matter how many hours worked per shift.  We are seeking to have all current and formers waiters, bussers and bartenders join the case.

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Mario Batali has settled a putative class and collective action lawsuit covering his restaurants in New York.  The lawsuit covers tipped employees who worked for the restaurants over the past six years.  The bulk of the settlement deals with tip misappropriation under New York State Law.  The lawsuit alleged that Batali’s restaurants deducted the equivalent of 4-5% of each shift’s wine and beverage sales from the tip pool.  In essence, the deduction amounted to stealing tips from the tipped employees ...

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Fitapelli & Schaffer recently filed a class action lawsuit against Astoria Brewhouse, a very popular night spot in Astoria, Queens.  The lawsuit alleges unpaid wages, consisting of minimum wage, overtime, spread of hours and failure to pay gratuities.  We are seeking to have the case certified as a class action, where we would represent all tipped employees who have worked at the restaurant over the past six years.  Employees are usually unaware that they ...

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Fitapelli & Schaffer filed a collective action lawsuit against Uncle George’s Greek Tavern in Astoria, New York for failing to pay minimum wage, overtime and spread of hours to tipped employees and kitchen workers over the past three years.  Unfortunately, these violations are commonplace at restaurants in New York City.  Employees should be aware that they may be entitled to double damages for wage violations.

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