On May 13, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Gaucho, LLC; Samba Brands Management; 7th & Barrow LLC; Avenue Spoon Inc.; Shimon Bokova; Danielle Billera; and Matthew Johnson (collectively, “Defendants”) who collectively own and operate the Sushi Samba restaurants in New York City, Miami Beach, Coral Gables, and Las Vegas. The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, ...
Continue Reading →12 MAY
Governor Cuomo, frustrated from facing resistance and delays from the legislature in his attempts to raise the minimum wage rate once more, is resolute on making an increase a reality. This Thursday, the Governor will use his authority to direct the labor commissioner to convene a Wage Board and examine the current minimum wage in the fast-food industry. The board is expected to give its recommendations as to what it believes the minimum wage rate in this industry should be ...
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The countless nail salons in New York City and surrounding areas, as documented by a recent NY Times article, have recently been placed under the microscope in regards to wage and hour violations and hazardous working conditions. Several violations have become apparent such as these salons paying its workers way below the minimum hourly wage rate, no overtime pay, not being paid for all hours worked, and often not being paid at all. Last year, the Department of Labor ...
Continue Reading →2 APR
On March 27, 2015, in the case of Scott v. Chipotle Mexican Grill, Inc., Magistrate Judge Sarah Netburn of the United States District Court for the Southern District of New York granted and denied in part Plaintiffs’ motion to compel production of particular documents in Defendant’s revised privilege log. The motion was filed on February 24, 2015 by Fitapelli & Schaffer LLP and Outten Golden, LLP on behalf of Plaintiffs, in response to Defendant’s privilege log, provided in discovery, which ...
Continue Reading →27 MAR
On March 27, 2015, in the case of Flood v. Carlson Restaurants Inc., Judge Analisa Torres of the United States District Court for the Southern District of New York denied Defendants motion to transfer the action to the Northern District of Texas and to partially dismiss Plaintiffs’ FLSA minimum wage claim. Plaintiffs originally commenced this action on April 17, 2014, on behalf of themselves and all similarly situated current and former tipped workers – including servers, bussers, runners, bartenders, barbacks, ...
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On March 26, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Dinosaur Restaurants, LLC, JLN-Store, Inc. f/k/a Dino-Store, Inc., Soros Strategic Partners LP, and John Stage, who collectively own and operated the Dinosaur Bar-B-Que franchise. This lawsuit is specifically filed on behalf of all servers, bussers, runners, bartenders, and other “Tipped Workers” who work or have worked at the following Dinosaur Bar-B-Que restaurants: the ...
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In a recent 6-3 decision, in the case of Young v. United Parcel Service, Inc., the Supreme Court has overturned a Fourth Circuit decision which granted summary judgment in favor of the Defendants, in regards to their failure to grant Plaintiff reasonable accommodations under the Pregnancy Discrimination Act. Specifically, Plaintiff was a pregnant postal service worker who was told by her Doctor that she should not attempt to lift more than 20 pounds while pregnant. However, since the postal service ...
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On March 24, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Landry’s, Inc. and its subsidiaries McCormick & Schmick Restaurant Corp. and Landry’s Seafood House-Arlington, Inc., on behalf of all servers, bussers, and other tipped workers who have worked at the “McCormick & Schmick’s Seafood & Steaks” that operated in New York City between March 24, 2009 and June 13, 2014.
Landry’s Inc. (“Landry’s”) is ...
Continue Reading →19 MAR
On March 17, 2015, the New York State Assembly took a major step forward in the protection of workers’ rights with their passage of the Paid Family Leave Insurance Act (A3870) by a margin of 84 to 43. This new bill will provide qualified employees with up to 12 weeks of paid leave, with benefits of up to $545 per week. The funding for the benefits will be taken from an employee payroll deduction that will initially amount to, at ...
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On March 11, 2015 the United States Court of Appeals for the Third Circuit reached a precedential holding in the case of McMaster v. Eastern Armored Services, Inc., affirming the District Court’s opinion that the professional motor carrier exemption does not apply for motor carrier employees who, either in whole or in part, drive vehicles weighing less than 10,000 pounds. This case was brought by an employee for an armored courier company who spent roughly 51% of her time working ...
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