On Tuesday, May 31, 2016, Fitapelli & Schaffer, LLP filed a class and collective wage lawsuit against Dwell Family Doctors (Dwell) and Throggs Neck Walk-In Medical Care, P.C. (Throggs Neck), urgent care medical services providers that operate many emergency walk in clinics in the greater New York City area. The lawsuit also affects the following companies: Urgent Care of Westchester, First Choice Walk-In Urgent Care, Nassau South Urgent Care, and Walk-In Medical, Urgent Care. The wage lawsuit represents physician assistants ...
Continue Reading →27 MAY
On Friday, May 20, 2016, Fitapelli & Schaffer, LLP along with Nichols Kaster, LLP filed a class action wage lawsuit against Smart Circle, an outsource service company and “a worldwide leader” in providing successful sales and marketing solutions for nationally-recognized brands as well as regional and local businesses. The lawsuit represents field agents working for Smart Circle who assert they were wrongfully misclassified as independent contractors keeping them from receiving the minimum wage and overtime pay they deserved under the ...
Continue Reading →18 MAY
On May 18, 2016, after more than two years in the making, Obama’s administration has finally unveiled a final ruling effectively changing overtime eligibility under the nation’s Fair Labor Standards Act. The overtime salary threshold has doubled from $23,660 to $47,476 allowing millions of once exempt Americans to qualify for overtime pay. This regulation, effective on December 1, 2016, will hopefully allow hard working employees tallying more than 40 hours a week pay for overtime at time-and-a-half what ...
Continue Reading →10 MAY
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 Cross City Construction, would entitle them to receive overtime pay when working over 40 hours per week. Cross City Construction, a construction contractor who operates at several sites throughout New York City, was hit with a class action FLSA lawsuit on Wednesday, May 10, 2016. Fitapelli & Schaffer, LLP is ...
Continue Reading →9 MAY
Target warehouse workers in New York, specifically “Group Leaders”, have started a class action lawsuit against the retail giant claiming that they didn’t compensate them for all hours worked. They allege that they were misclassified as exempt and were not paid for their overtime hours. The lawsuit claims that they worked 48-54 hours per week, not including the hour and a half long meetings they periodically attended as well as continuing to work once at home emailing supervisors ...
Continue Reading →29 APR
Steak ‘n Shake, a casual chain restaurant with over 500 locations in 29 states, has been hit with a collective action FLSA lawsuit on Wednesday, April 27, 2016. Fitapelli & Schaffer, LLP is representing the class that includes servers, bussers and runners who work or have worked for Steak ‘n Shake Operations, Inc. in the United States. This lawsuit is filed on behalf of all servers, bussers, and runners who work or have worked at Steak ‘n Shake restaurants owned ...
Continue Reading →25 APR
In October 2015, Fitapelli & Schaffer, LLP along with Werman Salas P.C. filed a class action lawsuit against the Uncle Julio’s Corporation and Uncle Julio’s of Illinois, Inc. The lawsuit alleged that Uncle Julio’s Restaurants failed to pay tipped employees the proper minimum wage rates to which they were entitled. Recently, the Court approved that notice of lawsuit be sent out to over 5,000 tipped employees, including servers and bartenders nationwide who work or have worked at any of the ...
Continue Reading →13 APR
A hospital worker, Robert Volpe, at Staten Island University Hospital filed a wage and hour lawsuit against the facility in May of 2015. The phlebotomist and lab technician working within the hospital’s Dyker Lab Patient Service Center was completing at least 60 hours of work per week for the last 6 years and paid a salary of approximately $65,000. Volpe was never paid overtime but was required to work long hours. Now, not even a year later, the hospital has ...
Continue Reading →6 APR
P.F. Chang’s, a leading domestic and international Asian-inspired casual chain restaurant, was hit with a class and collective action FLSA Lawsuit on Friday, April 1, 2016. The class includes servers, bussers, runners, bartenders and other “Tipped Workers” who work or have worked for P.F. Chang’s China Bistro, Inc. in the United States. They are being represented by Fitapelli & Schaffer, LLP along with Werman Salas P.C.
The FLSA lawsuit alleges that P.F. Chang’s has instituted widespread practices and policies that violate ...
Continue Reading →28 MAR
Bank of America, the second largest national bank, has settled a class action overtime lawsuit for $14,000,000. The lawsuit alleged the bank failed to pay its Financial Advisor Trainees in the Merrill Lynch unit their overtime pay. The trainees claim they were working 60 hours or more per week and were not compensated at time and a half what their hourly rate would be for overtime.
Approximately 9,500 trainees nationwide will be benefiting from this settlement if approved by the court. ...
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