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Oilfield Workers Sue Hess for Unpaid Overtime

The oilfield giant, Hess Corporation, has been hit with yet another lawsuit seeking to recover unpaid wages for its oilfield workers. The wage lawsuit alleges that Hess Corporation failed to pay certain oilfield workers overtime pay as required by state and federal law. The lawsuit seeks to recover damages for unpaid overtime for worked in excess of forty hours per workweek. Affected employees include any current or former oilfield workers such as Rig Clerks or other similarly situated employees who ...

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Incinia Contracting Sued for Unpaid Overtime

On Friday, July 28, 2017 Fitapelli & Schaffer, LLP along with Pechman Law Group PLLC filed a class action lawsuit on behalf of two asbestos handlers and their similarly situated co-workers who worked at Incinia Contracting. This full service environmental company with over a decade of servicing the public and private sectors has allegedly failed to pay its hourly employees overtime at time and a half their regular hourly rate for hours worked over 40 in a work week.

This lawsuit ...

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Notice to be Sent for Nick’s Pizzabar Class Action

In March 2017, Fitapelli & Schaffer, LLP filed a class and collective action lawsuit against Nick’s Pizzabar located at 365 3rd Avenue, New York, New York 10016.  The lawsuit seeks to recover minimum wages, uniform maintenance pay, unlawful deductions, and other wages for all current and former delivery workers.  Among other claims, the lawsuit alleges that Defendants failed to provide proper notice to delivery workers that would enable the company to take a “tip credit” towards the hourly rates paid ...

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Live-In Home Health Aides Must Be Paid for 24 Hours

On April 11, 2017 the NY Supreme Court, Appellate Division for the First Department ruled in favor of the plaintiffs in the Tokhtaman v. Human Care, LLC case. The plaintiffs in this matter argued that home health aides were not being paid for all hours worked, overtime, and spread of hours. The courts decided that nonresidential home health aides who work as live-ins at a client’s home are eligible for overtime.

What Does This Mean & Who Does This Affect?

Home Health ...

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Nick’s Pizzabar Sued for Unpaid Wages

On Monday, March 13, 2017, Fitapelli & Schaffer, LLP filed a class action lawsuit against Nick’s Pizzabar for unpaid wages. Nick’s Pizzabar, which is under the same management as other well known NYC restaurants such as Harry’s Café and Steak, Pier A Harbor House, Harry’s Italian, Adrienne’s Pizzabar, Ulysses’ Folk House, Bathtub Gin, The Dead Rabbit, Le District, The Growler, and Vintry Wine & Whiskey, has failed to properly compensate its former and current delivery workers. This lawsuit seeks to ...

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7 Million Dollar Settlement for Real Estate Appraisers

On January 31, 2017, Real Estate Appraisers for Bank of America Corp. were awarded a 7 million dollar settlement after alleging LandSafe, Inc. and LandSafe Appraisal Services, Inc., and their parent company, Defendant Bank of America Corp., refused to pay them overtime even after a similar case against them for unpaid overtime two years prior settled for 36 million dollars. This lawsuit claimed that Bank of America Corp. refused to change their compensation practices even after the prior lawsuit and ...

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Construction Companies Frequently Fail to Pay Laborers Overtime

Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which as argued by a recent lawsuit against Magnetic Contracting Corp. and City Metro Corp., would entitle them to receive overtime pay when working over 40 hours per week. Magnetic Contracting Corp., a commercial and residential construction company operating throughout the greater New York City area, was hit with a class action Fair Labor Standards Act (FLSA) and ...

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Duane Reade to Pay Out Big for Overtime Violations

The popular drugstore chain, Duane Reade, has finally settled a 5 year long class action lawsuit that alleged it denied overtime pay to its employees. They have agreed to pay $13.5 million to cover claims that its assistant store managers were not paid for all of their hours worked in accordance to the Fair Labor Standards Act (FLSA).

According to the lawsuit, Duane Reade required its Assistant Store Managers to work at least 55 hours per week but only ...

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Tipped Employees Move For FLSA Step-One Certification Against P.F. Chang’s

On April 1, 2016, Fitapelli & Schaffer, LLP, along with Werman Salas P.C., filed a class and collective action lawsuit against P.F. Chang’s China Bistro Inc., owner and operator of the famous P.F. Chang’s restaurant chain. The lawsuit alleged that P.F. Chang’s failed to pay tipped employees the proper minimum and overtime wages to which they were entitled.  On November 28, 2016, the law firms asked the Court for Step-One Certification under the Fair Labor Standards Act (“FLSA”), which would ...

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Tipped Workers File FLSA Lawsuit against Granite City

Even without the violation of any wage laws, we can agree that restaurant workers don’t have it easy. When these wage laws are broken, hard working employees are further exploited, at times causing their wages to sink below minimum wage.  Luckily, there are laws set in place, like the Fair Labor Standards Act (FLSA), which help deter some of these work place violations. Recently, a class action lawsuit was brought against Granite City Food and Brewery by Fitapelli & Schaffer, ...

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