On August 11, 2014, a former delivery driver filed a lawsuit in NY Federal Court against Pizza Hut, his former employer, seeking to recover for unpaid gratuities, overtime pay, liquidated damages, and attorneys’ fees and costs. The delivery driver is claiming that he is entitled to the $2.75 “Delivery Fee” that Pizza Hut charged its customers for deliveries. He is alleging that this “Delivery Fee” was believed to be a service charge paid to the delivery driver by the customers; ...
Continue Reading →18 SEP
On August 25, 2014, the Southern District of New York granted Plaintiffs’, plumbers, request for final certification and motion for partial summary judgment while denying Defendants Contract Callers, Inc., Michael Maguire, and William “Tim” Wertz’s motion to decertify the conditionally certified collective action and motion for summary judgment. McGlone v. Contract Callers, Inc., Nos.11 -3004 (S.D.N.Y. Aug. 25, 2014).
Defendants entered into a contract with the New York City Department of Environmental Protection (“DEP”) to install water meters and associated devices ...
Continue Reading →25 AUG
Fitapelli & Schaffer, LLP filed a class action lawsuit on August 22, 2014, in the United States District Court for the Southern District of New York against Jacques Restaurant Group on behalf of all line cooks, food preparers, dishwashers, servers, bussers, runners, bartenders, and cooks (“Restaurant Workers”) who work or have worked at Jacques Brasserie located at 204 East 85th Street, New York, New York, Jacques 1534 located at 20 Prince Street, New York, New York, or The Pitch & ...
Continue Reading →25 AUG
On August 22, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the corporate entities doing business as the Café Español restaurants located at 78 Carmine Street and 172 Bleecker Street in New York (collectively, “Café Español”). The lawsuit alleges that despite working over 40 hours per week, cooks, food preparers, dishwashers, and kitchen helpers are only paid a fixed weekly salary and not time ...
Continue Reading →1 AUG
In an important decision for the advancement of employee rights under the Fair Labor Standards Act (“FLSA”), on July 30, 2014 the Sixth Circuit held that the Northern District of Ohio erred in granting Defendant KeHE Distributors, LLC (“KeHE”) summary judgment on whether the Plaintiff sales representatives properly fell within the outside-sales-exemption and further erred in excluding from the collective action, employees that had signed agreements to waive their rights to participate in collective actions against KeHE. Killion v. KeHE ...
Continue Reading →30 JUL
A class action lawsuit was filed on July 30, 2014 in the Southern District of New York against Raymours Furniture Company, Inc. (“Raymours”) alleges that the furniture chain failed to pay its Sales Associates, Home Furnishing Consultants and other commissioned employees (collectively, “Sale Associates”) overtime wages, commissions, spread-of-hours pay and other damages in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Other affected employees are current and former Sales Associates or similar employees ...
Continue Reading →30 JUL
On July 25, 2014, Judge Sullivan granted Plaintiffs’ motion to amend the complaint in the Gonyer v. Vane Line Bunkering case pending in the U.S. District Court Southern District of New York. The case was filed on November 23, 2013 against Vane Line Bunkering, a company providing maritime services in New York, Philadelphia, Baltimore, Norfolk, and Charleston.
The case concerns tankermen who worked over 40 hours per week without receiving any overtime compensation. Instead, Plaintiffs only received a day rate as ...
Continue Reading →30 JUL
On July 30, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the Southern District of New York against Leros Point to Point, Inc. Leros Management, Inc. and its owners John Nyikos, Jeffrey Nyikos, and Christopher Nyikos (collectively “Leros”). The lawsuit alleges that Leros failed to pay its chauffeurs the appropriate overtime compensation as required under the Fair Labor Standards Act and the New York Labor Law. The lawsuit also seeks to recover misappropriated service charges, unpaid commissions, ...
Continue Reading →24 JUL
On July 23, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit against Roughlock LLC d/b/a Black Door and Steeplechase, Inc. d/b/a as Park Bar (collectively, the “Defendants” or the “Bars”) alleging that that Defendants failed to pay bartenders the proper minimum wages, overtime pay, and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Additionally, the suit seeks to recover damages related to unlawful wage deductions, misappropriated gratuities, failure ...
Continue Reading →21 JUL
Barnes & Noble was denied summary judgment in Trimmer v Barnes & Noble, Inc. The plaintiffs in this case are Assistant Store Managers (“ASM”) who worked for Barnes and Noble and allege that they were misclassified as exempt employees and denied overtime wages in violation of the FLSA. In its motion for summary judgment, Barnes & Noble argued that the evidence in the record was sufficient to show that plaintiffs were properly classified under the executive and administrative exemptions.
The Court ...
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