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28 MAR

BofA Settles Overtime Lawsuit

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Bank of America, the second largest national bank, has settled a class action overtime lawsuit for $14,000,000. The lawsuit alleged the bank failed to pay its Financial Advisor Trainees in the Merrill Lynch unit their overtime pay. The trainees claim they were working 60 hours or more per week and were not compensated at time and a half what their hourly rate would be for overtime.

Approximately 9,500 trainees nationwide will be benefiting from this settlement if approved by the court. ...

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18 MAR

Energy Corporation Settles FLSA Lawsuit for 4.95 M

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An oil-field services company, SandRidge Energy Corp. has agreed to pay up to almost $5 million to settle an FLSA lawsuit alleging unpaid overtime and owed wages. Sixteen employees rallied together in a class action lawsuit filed back in July 2013. They believed the company was shortchanging them on their hours worked and ultimately did not pay them for their overtime hours allegedly violating provisions of the Fair Labor Standards Act (FLSA).

Like many other workers in this industry or those ...

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4 MAR

Buffalo Wild Wings Sued by Tipped Workers

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The popular casual dining and sports bar franchise, Buffalo Wild Wings, is being sued by two former tipped workers for unpaid wages. The plaintiffs, represented by Fitapelli & Schaffer, LLP, allege that Buffalo Wild Wings failed to pay the proper minimum wage and overtime to servers, bussers, bartenders, and other tipped workers as required by the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Additionally, the class action lawsuit seeks to recover damages for uniform-related expenses, ...

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3 FEB

The NY Jets Cheerleaders Score FLSA Settlement

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In the last couple of years NFL cheerleaders across the nation have challenged NFL teams to resolve issues of unfair pay and treatment. Following in the footsteps of cheerleaders for the Oakland Raiders, Cincinnati Bengals and Buffalo Bills, the cheerleaders for the New York Jets will finally see a resolution to their fight for better pay. The cheerleaders, also known as the Flight Crew claimed that the Jets violated the FLSA by improperly classifying them as independent contractors ...

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28 JAN

Marina Ice Cream Wage Lawsuit Filed By F&S

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On January 28, 2016, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Marina Ice Cream Corp. and Selinger Ice Cream Corp., who together do business as “Marina Ice Cream” in New York City. The lawsuit is filed on behalf of all delivery drivers who work or have worked for Marina Ice Cream Corp. located at 133-14 Jamaica Avenue, Richmond Hill, New York 11418; 424 East ...

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13 JAN

Buffalo Bills Cheerleaders Charge On for Better Wages

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Professional cheerleaders for the NFL around the nation are pushing for their rights. Some of these side line entertainers and half time performers for the Buffalo Bills are stepping forward and demanding an increase in wages and better treatment as employees. The main issue in their push for better wages stems from how cheerleaders are categorized by the Buffalo Bills and the NFL in general. It has become common practice in the industry to categorize cheerleaders as independent ...

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9 NOV

Oaxaca Taqueria Overtime Lawsuit

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On November 5, 2015, Fitapelli & Schaffer, LLP and Pechman Law Group, PLLC  filed a class action lawsuit in the United States District Court for the Southern District of New York against Oaxaca restaurants in New York City.  The lawsuit is filed on behalf of all servers, cooks, kitchen assistants, counterpersons, delivery persons, and other Restaurant Workers (collectively, “Restaurant Workers”) who work or have worked at Oaxaca Taqueria located at the Upper West Side (“Oaxaca Amsterdam”) located at 424 Amsterdam ...

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9 NOV

F&S Files Lawsuit Against Lasership for Unpaid Wages

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On November 5, 2015, Fitapelli & Schaffer LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Lasership , Inc., and Mahmoud, Inc. (collectively, “Lasership” or “Defendants”).  The lawsuit is filed on behalf of all delivery persons or “walkers” (collectively, “walkers”) who work or have worked at Lasership in New York.

The lawsuit alleges that the owners and operators of Lasership have instituted widespread practices and policies that violate their walkers ...

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9 NOV

Judge Extends Notice Period in TGI Fridays Case

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On November 3, 2015, The United States District Court for the Southern District of New York granted Plaintiffs’ Motion for a 45 day extension of the deadline for potential plaintiffs to opt-in to the lawsuit against Carlson’s Restaurant  Inc. and TGI Friday’s Inc. (collectively, “TGI Friday’s”). The lawsuit alleges that TGI Friday’s failed to pay its servers, bussers, runners, bartenders, barbacks, hosts and other tipped food service workers (“Tipped Employees”) proper minimum wage, overtime pay, spread-of-hours pay, and misappropriated tips, ...

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20 OCT

Exploration Drilling Case- Motion for Conditional Certification under the FLSA Granted

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On October 15, 2015, the United States District Court for the District of Montana granted Plaintiff’s Motion for Conditional Certification and Notice against Exploration Drilling for Unpaid Overtime under the Fair Labor Standards Act (“FLSA”).  In granting Conditional Certification, the Court held that Plaintiff met his burden of establishing that he and the putative class members, consisting of Flowback Operators, are similarly situated. This determination by the Court was based off of six declarations, one from Plaintiff and the rest ...

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