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1 OCT

Class Certification Granted Against Allstate

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In a recent decision, on September 16, 2014, the Eastern District of New York granted Plaintiffs’, personal injury protection and medical payments claims adjusters (“adjusters”), motion for class certification of their New York Labor Law (“NYLL”) claims pursuant to Federal Rule of Civil Procedure 23, while denying Defendant’s, Allstate Insurance Company, motion to decertify the Fair Labor Standards Act (“FLSA”) collective.  Perez v. Allstate Insurance Co., Nos.11 -1812 (E.D.N.Y. Sept. 16, 2014).

The Court pointed to testimonial and documentary evidence to ...

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23 SEP

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On August 11, 2014, a former delivery driver filed a lawsuit in NY Federal Court against Pizza Hut, his former employer, seeking to recover for unpaid gratuities, overtime pay, liquidated damages, and attorneys’ fees and costs.  The delivery driver is claiming that he is entitled to the $2.75 “Delivery Fee” that Pizza Hut charged its customers for deliveries. He is alleging that this “Delivery Fee” was believed to be a service charge paid to the delivery driver by the customers; ...

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18 SEP

Tennis Referees are Independent Contractors, not Employees

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In an important decision for the advancement of employee rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”), on September 11, 2014, the Southern District of New York granted Defendant United States Tennis Association’s summary judgment motion finding that the Plaintiff umpires at the US Open were independent contractors rather than employees.  Meyer v. United States Tennis Association, Nos.11 -06268 (S.D.N.Y. Sept. 11, 2014).

On April 25, 2013, the Court granted Plaintiffs’ Motion for Class ...

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18 SEP

FLSA Decertification Denied in Southern District of NY

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On August 25, 2014, the Southern District of New York granted Plaintiffs’, plumbers, request for final certification and motion for partial summary judgment while denying Defendants Contract Callers, Inc., Michael Maguire, and William “Tim” Wertz’s motion to decertify the conditionally certified collective action and motion for summary judgment.  McGlone v. Contract Callers, Inc., Nos.11 -3004 (S.D.N.Y. Aug. 25, 2014).

Defendants entered into a contract with the New York City Department of Environmental Protection (“DEP”) to install water meters and associated devices ...

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25 AUG

Cafe Espanol Lawsuit

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On August 22, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the corporate entities doing business as the Café Español restaurants located at 78 Carmine Street and 172 Bleecker Street in New York (collectively, “Café Español”).  The lawsuit alleges that despite working over 40 hours per week, cooks, food preparers, dishwashers, and kitchen helpers are only paid a fixed weekly salary and not time ...

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1 AUG

New Outside Sales FLSA Decision

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In an important decision for the advancement of employee rights under the Fair Labor Standards Act (“FLSA”), on July 30, 2014 the Sixth Circuit held that the Northern District of Ohio erred in granting Defendant KeHE Distributors, LLC (“KeHE”) summary judgment on whether the Plaintiff sales representatives properly fell within the outside-sales-exemption and further erred in excluding from the collective action, employees that had signed agreements to waive their rights to participate in collective actions against KeHE. Killion v. KeHE ...

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30 JUL

Raymour & Flanigan Lawsuit

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A class action lawsuit was filed on July 30, 2014 in the Southern District of New York against Raymours Furniture Company, Inc. (“Raymours”) alleges that the furniture chain failed to pay its Sales Associates, Home Furnishing Consultants and other commissioned employees (collectively, “Sale Associates”) overtime wages, commissions, spread-of-hours pay and other damages in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Other affected employees are current and former Sales Associates or similar employees ...

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30 JUL

Vane Line Case Update

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On July 25, 2014, Judge Sullivan granted Plaintiffs’ motion to amend the complaint in the Gonyer v. Vane Line Bunkering case pending in the U.S. District Court Southern District of New York. The case was filed on November 23, 2013 against Vane Line Bunkering, a company providing maritime services in New York, Philadelphia, Baltimore, Norfolk, and Charleston.

The case concerns tankermen who worked over 40 hours per week without receiving any overtime compensation. Instead, Plaintiffs only received a day rate as ...

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30 JUL

Lero’s Overtime Lawsuit

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On July 30, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the Southern District of New York against Leros Point to Point, Inc. Leros Management, Inc. and its owners John Nyikos, Jeffrey Nyikos, and Christopher Nyikos (collectively “Leros”). The lawsuit alleges that Leros failed to pay its chauffeurs the appropriate overtime compensation as required under the Fair Labor Standards Act and the New York Labor Law. The lawsuit also seeks to recover misappropriated service charges, unpaid commissions, ...

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28 JUL

$2.6 MIllion TCPA Settlement in New Jersey

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On July 17, 2014, a federal judge in the case, Bais Yaakov of Spring Valley v. Peterson’s Nelnet, LLC, preliminarily approved a $2.6 million settlement regarding claims against Peterson’s Nelnet LLC, a college and career planning company.  The lawsuit was filed on January 3, 2011 in the United States District Court of New Jersey and alleged that Peterson’s Nelnet LLC violated the Telephone Consumer Protection Act (“TCPA”) by sending out more than 10,000 unsolicited and solicited fax advertisements ...

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