Starbucks settled a FLSA overtime pay collective action brought by managers for $1.6 million, just before the case went to trial. These managers were likely paid salary and alleged they were misclassified. Companies commonly mislead salaried employees into thinking they are not entitled to overtime because they are paid salary, rather than hourly.
Continue Reading →12 AUG
The New York Mets were hit with a class action lawsuit alleging security guards at Citi Field are not being paid time and one half for over 40 hours per week. Hourly employees must be paid time and one half their hourly rate for all hours over 40 per week, with no exceptions. For example, if a security guard is paid $20 per hour, they must be paid $30 per hour for all overtime hours. Many security ...
Continue Reading →11 AUG
JP Morgan Chase recently settled a class action lawsuit encompassing thousands of loan underwriters for $42 million. The settlement covers Federal law- the Fair Labor Standards Act and many state laws. Chase alleged the underwriters were exempt from receiving overtime pay. However, an appeals Court and the Department of Labor issued opinions stating that mortgage loan officers and underwriters cannot be paid commission only and must be paid minimum wage and overtime. This is a very ...
Continue Reading →11 AUG
A class action has been filed against Raymour & Flanigan, a well-known furniture retailer. The lawsuit alleges that managers, who were paid a fixed salary, are misclassified as exempt. The issue in these cases turns on whether the managers were actually performing managerial duties, such as supervision, hiring and firing over 50% of the time. If the managers were doing non-exempt work, similar to hourly employees, they have a good chance to win the case.
Continue Reading →25 JUL
F&S is pleased to announce that we will be sending notices to all tipped employees who worked at Sofrito and Sazon, giving them an opportunity to join the case. If someone joins the case, they will be eligible to share in any settlement.
Continue Reading →21 JUL
F&S is pleased to announce that our motion for FLSA class certification was granted by the Court. As a result, we will be sending notices to all Major World car salespeople in the next few weeks, giving them the option to join the case. If someone joins the case, they will be eligible to share in any settlement.
Continue Reading →6 JUL
https://www.huffingtonpost.com/2011/07/05/yankee-stadium-service-fee_n_890463.html
Continue Reading →9 JUN
F&S filed an unpaid overtime lawsuit against American Choice, an upscale deli located in the Lower East Side.
Continue Reading →2 JUN
Fitapelli & Schaffer filed a class action lawsuit against Flute Bar, two well-known champagne lounges in Manhattan for failing to pay proper wages to its staff. Among the claims are failure to pay minimum wages, overtime, spread of hours and improper taking of tips by managers.
Continue Reading →9 MAY
Fitapelli & Schaffer filed a lawsuit against Legends Hospitality and Volume Services, companies that provide in-seat food and beverage services to field level ticket holders in Yankee Stadium. The lawsuit claims the defendants retained the 20% service charge that is added for in-seat service. We allege that customers in the field-level seats are misled into believing the 20% mandatory service charge is a gratuity that goes to the workers. In fact, the employees do not receive any ...
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