The restaurant industry is notorious for cheating workers from receiving their pay in accordance with the law. Often times tipped workers in restaurants are paid less than the minimum wage, not paid overtime at time and one half, forced to complete hours of prepping and cleaning without the correct pay or paid a set salary instead of an hourly rate. In this specific matter, it was made clear ...
Continue Reading →12 FEB
River Palm Terrace which was recently voted one of “America’s 50 Best Steakhouses” allegedly owes its tipped employees hard earned cash. A lawsuit filed this past Friday alleges that the steakhouse owes its tipped workers minimum wages, overtime pay, and misappropriated tips. Tipped employees that could be affected by this lawsuit include servers, bussers, runners, bartenders and other tipped employees that work or have worked at the steakhouse located at 1416 River Road, Edgewater, New Jersey 07020. The class action ...
Continue Reading →25 JAN
Chipotle is now crying for mercy after forcing its current and former employees to enter into arbitrations to argue their wage claims against the company. The fast-food goliath had instituted a company-wide tactic of requiring its employees into arbitration agreements in 2014 forcing almost 3,000 plaintiffs into individualized reviews of their claims by arbitrators as opposed to class action lawsuits in court. When you sign an arbitration agreement, you promise to pursue any legal claims against your ...
Continue Reading →22 JAN
The wage and hour class action lawsuit filed against Berry Bros Construction for failing to pay its laborers overtime pay will continue to move forward. Filed in November of 2018, this case seeks to recover unpaid overtime for a proposed class of laborers including mechanics, welders and electricians. Recently, the Texan based construction company asked the court to dismiss the case based on grounds that the plaintiff did not plead sufficient facts in order to establish a claim under the ...
Continue Reading →17 JAN
Currently, about 500,000 federal employees are being required to report to work each day without pay or guarantee of immediate back pay once the government reopens. Although government shutdowns are nothing new, this year’s shutdown has become the longest in history standing in at 27 days. However, federal employees are making a stand. Two of the nation’s largest federal employee unions, the National Treasury Employees Union and the American Federation of Government Employees, have filed separate wage ...
Continue Reading →17 JAN
Almost 100,000 au pairs nationwide may soon be awarded with potentially the largest settlement ever for minimum wage workers. More than 15 companies employing these child care professionals agreed to tentatively pay $65.5 million in owed wages. The lawsuit, which was filed back in 2014, proposed the settlement last Wednesday in Denver federal court just before going to trial. The settlement agreement is currently pending the courts approval.
The au pairs from countries such as Australia, Colombia, Germany, ...
Continue Reading →2 JAN
As of December 31, 2018, the hourly minimum wage for New Yorkers has increased yet again. New York City employers with 11 employees or more must pay their hourly workers $15.00 per hour and the appropriate overtime rate at time and a half when working over 40 hours per week. For hard working employees, the wage boost is much needed especially in a city where the cost of living is so high. Governor Andrew Cuomo proudly commented ...
Continue Reading →7 DEC
When signing an arbitration agreement with your employer, you are promising to pursue any legal claims against them such as wrongful termination, discrimination, and breach of contracts, through arbitration as opposed to a lawsuit. In an arbitration, your claims are presented to, and decided by an arbitrator as opposed to a jury. Forgoing a jury of your peers is often viewed as a disadvantage for the plaintiff since juries tend to be more sympathetic towards employees. Recently, the Appellate Court ...
Continue Reading →2 NOV
Delivery drivers for TFI International that were allegedly misclassified as independent contractors have arrived at a $4.75 million settlement to resolve claims of unpaid wages pending court approval. TFI, formerly known as Dynamex or Velocity Express, is a Canadian based transport and logistics company that services the United States, Mexico and Canada. Delivery Drivers for the company claimed in a lawsuit filed back in 2012 that they were improperly classified by TFI as independent contractors instead of ...
Continue Reading →15 OCT
Through their dedication and commitment to their hard-working clients, Fitapelli & Schaffer, LLP has helped recover over 100 million dollars and has once again been featured in Super Lawyers. The firm specializes exclusively on employee rights and has consistently achieved significant results when dealing with unpaid wages, overtime, commissions and tips, as well as wrongful termination due to discrimination and whistleblower claims. Learn more about the firm’s success by clicking below.
Continue Reading →