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Your 401(k) Plan May be Set-up to Make You Lose Out

Saving for your future is what “they” tell you to do.  So when your place of employment sets you up in a retirement savings plan, the assumption is that the 401(k) plan is there to benefit you. However, lately, individuals at even the most prestigious companies have been finding out that may not be the case.  Insurance and investment companies as well as top notch universities are being accused of misleading their employees into investments as well as ...

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Rosa Mexicano Wage Lawsuit

On Thursday, July 07, 2016, Fitapelli & Schaffer LLP filed a class action wage lawsuit against Rosa Mexicana, a Michelin rated restaurant serving upscale Mexican inspired dishes with 17 locations worldwide. This lawsuit seeks to recover minimum wages, overtime pay, call-in pay, and other wages for Plaintiffs and their similarly situated co-workers – servers, bussers, bartenders, food runners, barbacks and other “tipped workers” – who work or have worked at Rosa Mexicano restaurants nationwide with the exception of Rosa Mexicano ...

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Red Rabbit Wage Lawsuit

On Tuesday, June 7, 2016, Fitapelli & Schaffer, LLP filed a class action wage lawsuit against Red Rabbit, a business that focuses on the preparation of healthy school meals for over 150 schools in the New York City area. Despite the company’s positive initiative to offer healthier food options to NYC school kids, it seems as though they are doing it at the expense of its hard working employees. This wage lawsuit, which represents cooks, food buyers, porters and other ...

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Physician Assistants Wage Lawsuit

On Tuesday, May 31, 2016, Fitapelli & Schaffer, LLP filed a class and collective wage lawsuit against Dwell Family Doctors (Dwell) and Throggs Neck Walk-In Medical Care, P.C. (Throggs Neck), urgent care medical services providers that operate many emergency walk in clinics in the greater New York City area. The lawsuit also affects the following companies: Urgent Care of Westchester, First Choice Walk-In Urgent Care, Nassau South Urgent Care, and Walk-In Medical, Urgent Care. The wage lawsuit represents physician assistants ...

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Smart Circle Wage Lawsuit

On Friday, May 20, 2016, Fitapelli & Schaffer, LLP along with Nichols Kaster, LLP filed a class action wage lawsuit against Smart Circle, an outsource service company and “a worldwide leader” in providing successful sales and marketing solutions for nationally-recognized brands as well as regional and local businesses. The lawsuit represents field agents working for Smart Circle who assert they were wrongfully misclassified as independent contractors keeping them from receiving the minimum wage and overtime pay they deserved under the ...

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FLSA Lawsuit Filed Against Cross City Construction

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 Cross City Construction, would entitle them to receive overtime pay when working over 40 hours per week. Cross City Construction, a construction contractor who operates at several sites throughout New York City, was hit with a class action FLSA lawsuit on Wednesday, May 10, 2016. Fitapelli & Schaffer, LLP is ...

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Target Warehouse Workers Start Class Action for Unpaid Wages

Target warehouse workers in New York, specifically “Group Leaders”, have started a class action lawsuit against the retail giant claiming that they didn’t compensate them for all hours worked. They allege that they were misclassified as exempt and were not paid for their overtime hours. The lawsuit claims that they worked 48-54 hours per week, not including the hour and a half long meetings they periodically attended as well as continuing to work once at home emailing supervisors ...

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Notice Sent out Nationwide for Uncle Julio’s Class Action

In October 2015, Fitapelli & Schaffer, LLP along with Werman Salas P.C. filed a class action lawsuit against the Uncle Julio’s Corporation and Uncle Julio’s of Illinois, Inc. The lawsuit alleged that Uncle Julio’s Restaurants failed to pay tipped employees the proper minimum wage rates to which they were entitled. Recently, the Court approved that notice of lawsuit be sent out to over 5,000 tipped employees, including servers and bartenders nationwide who work or have worked at any of the ...

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FLSA Lawsuit Filed Against P.F. Chang’s

P.F. Chang’s, a leading domestic and international Asian-inspired casual chain restaurant, was hit with a class and collective action FLSA Lawsuit on Friday, April 1, 2016. The class includes servers, bussers, runners, bartenders and other “Tipped Workers” who work or have worked for P.F. Chang’s China Bistro, Inc. in the United States. They are being represented by Fitapelli & Schaffer, LLP along with Werman Salas P.C.

The FLSA lawsuit alleges that P.F. Chang’s has instituted widespread practices and policies that violate ...

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Intentionally Skirting Obamacare Could Cost Companies Big

Whether you’re for it, or against it, the Affordable Health Care Act, also known as Obamacare, has officially been in full effect for a little over a year now.  This health care law requires that employers, whose business employs 50 or more full time employees, must offer its workers health insurance or face penalties that can exceed $2,000 per employee. Eligible workers must work at least 30 hours per week for the company in order to be entitled ...

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