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21 FEB

ELITE MODELING UNPAID INTERNS

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Elite Modeling, a top modeling agency, is being sued by a former intern for allegedly failing to pay its interns overtime pay for the hours they worked in excess of 40.  The intern claims that the company misclassified its interns as exempt from wage requirements and then made them work more than 40 hours a week, including weekends.

The intern claims that her duties included “Assisting Bookers with scouting new talent at open calls; Assisting with product management and development including ...

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13 FEB

CHIPOTLE OVERTIME

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Fitapelli & Schaffer filed an amended complaint against Chipotle seeking overtime compensation on behalf of Apprentice’s nation-wide.  We allege that the primary duties of an Apprentice are similar to hourly workers.  To date, employees from the following states have joined the lawsuit: New York, Texas, Florida, Georgia, Kansas and Missouri.

Click Here to Read the Amended Complaint

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30 JAN

T.G.I. Fridays Lawsuit Update

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Counsel for Defendants asked the Court to compel removal of Plaintiffs’ website (www.TGIFridayslawsuit.com) alleging the website contained false and misleading information and infringed on T.G.I. Friday’s trademark.  Plaintiffs argued that the website was proper attorney advertising and would not infringe on Friday’s trademarks because the public would not be confused regarding who controlled the website.  The website contains disclaimers specifically stating that, “This website is not affiliated or endorsed by TGI Fridays or tgifridays.com. This website provides information regarding a ...

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17 JAN

BARNES AND NOBLE OVERTIME

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An investigation seeks to uncover whether Barnes and Noble properly classified their Assistant Managers as exempt from the overtime provisions of the Fair Labor Standards Act and the New York Labor Laws.  By classifying their Assistant Managers as exempt, Barnes and Noble paid them a set salary regardless of the amount of hours they worked.  However, it is alleged that Barnes and Noble misclassified their Assistant Managers as exempt since Assistant Managers performed the same work as the hourly employees.  ...

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19 DEC

DANIEL BOULUD RESTAURANTS

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Click Here to View the Notice

Click Here to View the Consent

F&S is pleased to announce that Judge Hellerstein has signed off on a stipulation allowing court-authorized notice to be sent to over 600 current and former employees of celebrity chef Daniel Boulud’s restaurants: Daniel, DBGB, Bar Boulud and Boulud Sud.  If a person joins the case, they will be able to seek remedies for unpaid minimum wage, overtime, tips and spread of hours.

 

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6 DEC

PUBLIC HOUSE NYC CASE

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Click Here to Read the Decision

We are pleased to report that Judge McMahon has granted our motion for Rule 23 Class Certification for all tipped and kitchen workers who have worked at Public House, Butterfield 8, Tammany Hall and Wicker Park in the past six years.  We will be sending notices shortly advising employees of their ability to participate and recover if a settlement is reached.  Restaurant workers should be aware that they are able to bring claims for ...

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26 NOV

T.G.I. FRIDAYS LAWSUIT

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Click Here to View the Complaint

On November 20, 2012, Fitapelli & Schaffer filed a class action lawsuit against The Riese Organization, Inc., who owns and/or operates 10 T.G.I. Friday’s in Manhattan.  T.G.I. Friday’s is a popular restaurant brand with more than 500 locations worldwide. This lawsuit alleges that T.G.I. Friday’s failed to pay proper minimum wages, overtime pay, spread-of-hours pay, and call in pay to servers, bussers, runners, bartenders, barbacks and other tipped workers as required under the federal ...

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16 NOV

CHIPOTLE LAWSUIT

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Click Here to View the Complaint

Fitapelli & Schaffer filed a class and collective action against Chipotle Mexican Grill, a “fast casual” restaurant chain with over 1300 locations nationwide.  The lawsuit alleges that Chipotle failed to pay their Apprentices and Assistant Managers proper overtime compensation by misclassifying them as exempt from the overtime provisions of the Fair Labor Standards Act and the New York Labor Laws.  We allege that Salaried Apprentices performed the same work as hourly employees, primarily working ...

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16 NOV

Yankee Stadium Banquet Servers Lawsuit

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Click Here to Read the Lawsuit

On November 15, 2012, Fitapelli & Schaffer filed a class and collective action lawsuit against Legends Hospitality, LLC and New York Yankees Partnership (collectively, “Yankees”).  The lawsuit alleges that Yankees led their customers to believe that the mandatory service charge during private catering events was a gratuity that would be distributed to the Banquet Servers.  However, the Yankees retained a portion of this gratuity/service charge.  Moreover, the Yankees failed to pay its Banquet Servers ...

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10 AUG

DANIEL BOULUD LAWSUIT

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Click Here to View the Lawsuit

On August 10, 2012, Fitapelli & Schaffer filed a class and collective action lawsuit against The Dinex Group and Daniel Boulud, the world-renowned celebrity chef.  The lawsuit alleges that Boloud’s restaurants, including Bar Boloud fail to pay proper minimum wage, overtime and spread of hours to tipped restaurant workers.  Many of these violations stem from non-tip eligible employees participating in the tip pool, including polishers, expediters and the Maitre’ D.  Under New York law, ...

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