Gig economy workers, such as the delivery drivers for Postmates, have begun challenging their employers for potentially misclassifying them as independent contractors instead of employees. Many of these workers argue that due to this alleged misclassification they were paid less than the minimum wage. Following the footsteps of the Lyft and Uber misclassification cases, these delivery drivers filed a class action lawsuit and argued that by being labeled as independent contractors instead of employees, Postmates violated the federal Fair Labor ...
Continue Reading →12 SEP
In May of last year the Department of Labor (DOL) announced that it would increase the threshold salary requirements in determining whether an employee is exempt from receiving overtime pay under the Fair Labor Standards Act (FLSA). The DOL’s final rule affected professional, administrative and executive employees by dramatically increasing the threshold salary from $455per week to $913 per week. It also bumped the salary threshold for exempt highly compensated individuals from $100,000 to $122,148.
This change in overtime regulations caused ...
Continue Reading →7 SEP
Boca Juniors, the well known Argentine restaurant in Queens, New York which caters to soccer fanatics and steakhouse enthusiasts, has been sued by a former employee. A lawsuit was filed on August 31, 2017, by Fitapelli & Schaffer, LLP on behalf of a former back of the house employee. The former kitchen worker is seeking unpaid overtime compensation, unpaid spread of hours pay, and other damages.
The lawsuit alleges that Boca Juniors Steakhouse and its owners instituted many policies and practices ...
Continue Reading →6 SEP
Employees in the healthcare industry, such as licensed nurse practitioners (“LPNs”), are often subject to workplace violations. LPNs often face issues such as unpaid wages, unpaid overtime, or may witness Medicare or Medicaid fraud. Recently, the employment lawyers at Fitapelli & Schaffer, LLP filed a class and collective action lawsuit against a healthcare facility, Atrium Center for Rehabilitation and Nursing formerly known as River Manor Care Center for unpaid wages and unpaid overtime. The lawsuit is on behalf of all ...
Continue Reading →14 AUG
The oilfield giant, Hess Corporation, has been hit with yet another lawsuit seeking to recover unpaid wages for its oilfield workers. The wage lawsuit alleges that Hess Corporation failed to pay certain oilfield workers overtime pay as required by state and federal law. The lawsuit seeks to recover damages for unpaid overtime for worked in excess of forty hours per workweek. Affected employees include any current or former oilfield workers such as Rig Clerks or other similarly situated employees who ...
Continue Reading →31 JUL
On Friday, July 28, 2017 Fitapelli & Schaffer, LLP along with Pechman Law Group PLLC filed a class action lawsuit on behalf of two asbestos handlers and their similarly situated co-workers who worked at Incinia Contracting. This full service environmental company with over a decade of servicing the public and private sectors has allegedly failed to pay its hourly employees overtime at time and a half their regular hourly rate for hours worked over 40 in a work week.
This lawsuit ...
Continue Reading →15 MAR
On Monday, March 13, 2017, Fitapelli & Schaffer, LLP filed a class action lawsuit against Nick’s Pizzabar for unpaid wages. Nick’s Pizzabar, which is under the same management as other well known NYC restaurants such as Harry’s Café and Steak, Pier A Harbor House, Harry’s Italian, Adrienne’s Pizzabar, Ulysses’ Folk House, Bathtub Gin, The Dead Rabbit, Le District, The Growler, and Vintry Wine & Whiskey, has failed to properly compensate its former and current delivery workers. This lawsuit seeks to ...
Continue Reading →14 FEB
On January 31, 2017, Real Estate Appraisers for Bank of America Corp. were awarded a 7 million dollar settlement after alleging LandSafe, Inc. and LandSafe Appraisal Services, Inc., and their parent company, Defendant Bank of America Corp., refused to pay them overtime even after a similar case against them for unpaid overtime two years prior settled for 36 million dollars. This lawsuit claimed that Bank of America Corp. refused to change their compensation practices even after the prior lawsuit and ...
Continue Reading →13 FEB
Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which as argued by a recent lawsuit against Magnetic Contracting Corp. and City Metro Corp., would entitle them to receive overtime pay when working over 40 hours per week. Magnetic Contracting Corp., a commercial and residential construction company operating throughout the greater New York City area, was hit with a class action Fair Labor Standards Act (FLSA) and ...
Continue Reading →12 JAN
The popular drugstore chain, Duane Reade, has finally settled a 5 year long class action lawsuit that alleged it denied overtime pay to its employees. They have agreed to pay $13.5 million to cover claims that its assistant store managers were not paid for all of their hours worked in accordance to the Fair Labor Standards Act (FLSA).
According to the lawsuit, Duane Reade required its Assistant Store Managers to work at least 55 hours per week but only ...
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