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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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”). ...
Continue Reading →Martinez v. Hilton Hotels Corp., No. 10 Civ. 7688(JLC), 2013 WL 1087211 (S.D.N.Y. March 15, 2013).
The Court denied the defendants’ (the employers) motions for summary judgment. The defendants tried to get the case dismissed by arguing that the plaintiffs (the employees) qualified for the executive exemption making them not entitled to overtime. The defendants also tried to have the court calculate overtime damages using the fluctuating work week method.
The plaintiffs were housekeeping managers and assistant housekeeping managers who worked at ...
Continue Reading →A federal judge approved a settlement awarding $20.9 million to be paid to Rite Aid assistant managers and co-store managers for their overtime claims. The Rite Aid assistant managers and co-store managers were paid a set salary regardless of how many hours they worked. The lawsuit claimed that Rite Aid assistant managers and co-store managers were misclassified as exempt employees to avoid being paid overtime, therefore, they argued they should have been paid hourly and time and one half their ...
Continue Reading →Elite Modeling, a top modeling agency, is being sued by a former intern for allegedly failing to pay its interns overtime pay for the hours they worked in excess of 40. The intern claims that the company misclassified its interns as exempt from wage requirements and then made them work more than 40 hours a week, including weekends.
The intern claims that her duties included “Assisting Bookers with scouting new talent at open calls; Assisting with product management and development including ...
Continue Reading →Fitapelli & Schaffer filed an amended complaint against Chipotle seeking overtime compensation on behalf of Apprentice’s nation-wide. We allege that the primary duties of an Apprentice are similar to hourly workers. To date, employees from the following states have joined the lawsuit: New York, Texas, Florida, Georgia, Kansas and Missouri.
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Continue Reading →Counsel for Defendants asked the Court to compel removal of Plaintiffs’ website (www.TGIFridayslawsuit.com) alleging the website contained false and misleading information and infringed on T.G.I. Friday’s trademark. Plaintiffs argued that the website was proper attorney advertising and would not infringe on Friday’s trademarks because the public would not be confused regarding who controlled the website. The website contains disclaimers specifically stating that, “This website is not affiliated or endorsed by TGI Fridays or tgifridays.com. This website provides information regarding a ...
Continue Reading →An investigation seeks to uncover whether Barnes and Noble properly classified their Assistant Managers as exempt from the overtime provisions of the Fair Labor Standards Act and the New York Labor Laws. By classifying their Assistant Managers as exempt, Barnes and Noble paid them a set salary regardless of the amount of hours they worked. However, it is alleged that Barnes and Noble misclassified their Assistant Managers as exempt since Assistant Managers performed the same work as the hourly employees. ...
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F&S is pleased to announce that Judge Hellerstein has signed off on a stipulation allowing court-authorized notice to be sent to over 600 current and former employees of celebrity chef Daniel Boulud’s restaurants: Daniel, DBGB, Bar Boulud and Boulud Sud. If a person joins the case, they will be able to seek remedies for unpaid minimum wage, overtime, tips and spread of hours.
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We are pleased to report that Judge McMahon has granted our motion for Rule 23 Class Certification for all tipped and kitchen workers who have worked at Public House, Butterfield 8, Tammany Hall and Wicker Park in the past six years. We will be sending notices shortly advising employees of their ability to participate and recover if a settlement is reached. Restaurant workers should be aware that they are able to bring claims for ...
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