26 SEP
On September 20, 2013, the U.S. District Court (S.D.N.Y.) granted conditional certification and court-authorized notice to potential class members that have worked as tipped employees at 47 Capital Grille locations nationwide since November 18, 2008.
In, Chhab v. Darden Restaurants, Inc., ...
Continue Reading →17 SEP
Stamped Complaint – 13 Civ. 6530 (reduced size)
On September 17, 2013, Fitapelli & Schaffer, LLP and Outten & Golden, LLP filed a complaint in U.S. District Court on behalf of the entertainers/dancers at three prominent New York City Gentlemen’s Clubs. This class action lawsuit seeks to recover damages for unpaid minimum wages, overtime pay, spread-of-hours pay, unlawfully retained and/or distributed tips, unlawful deductions, and uniform-related expenses.
Continue Reading →23 AUG
Stamped Complaint – Monzon v. 103W77 Partners, LLC, et al 13 cv 5951 (AT)
On August 23, 2013, Roldan Monzon (“Plaintiff”) filed a complaint in the U.S. District Court (S.D.N.Y.) on behalf of himself and similarly situated “tipped workers” that worked at Dovetail Restaurant (“Dovetail”), alleging that Dovetail unlawfully violated the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Plaintiff is seeking to recover damages resulting ...
Continue Reading →29 JUL
Scanned First Amended Complaint 10-4-13
On July 25, 2013, Carlos Flores, Hermelindo Tendilla, Rafael Aldape and Francisco Delarosa-Atlatenco (“Plaintiffs”) filed a complaint in the U.S. District Court (S.D.N.Y.) on behalf of themselves and similarly situated “tipped workers” that worked at Harry’s Steak House (“Harry’s”) alleging that Harry’s unlawfully violated the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The Plaintiffs are seeking to ...
Continue Reading →26 JUN
NY Court of Appeals Starbucks Decision
On June 26, 2013, the New York State Court of Appeals responded to both Barenboim v. Starbucks and Winans v. Starbucks by holding that Starbuck Baristas must share their tips with Shift Supervisors but the company may be entitled to deny those same tips to Assistant Managers. In so holding, the Court of Appeals has methodically laid out the proper line of ...
Continue Reading →13 JUN
On June 12, 2013, the Alycia Carrillo (“Plaintiff”) filed a complaint in U.S. Federal Court on behalf of herself and all others similarly situated that worked at The Ainsworth and Ainsworth Park (collectively, the “Ainsworth Bars”), as class representative, alleging that Paige Hospitality Group (“Defendant”) unlawfully violated the Fair Labor Standards Act (FSLA) and New York Labor Law (NYLL). The plaintiff is seeking to recover unpaid minimum wages, overtime compensation, spread of hours pay, misappropriated gratuities, misappropriated service charges, unlawful ...
Continue Reading →13 JUN
S.D.N.Y. Grants Conditional Certification and Court-Authorized Notice to Tipped Employees against Ruby Tuesday Restaurants
On June 11, 2013, the U.S. Federal Court (S.D.N.Y.) granted conditional certification and court-authorized notice to potential class members in Guttentag v. Ruby Tuesday, ...
Continue Reading →30 APR
On April 30, 2013, Fitapelli & Schaffer filed a class and collective action lawsuit against the owners and operators of Restaurant Riki, Box Snack Riki, and Riki Yakiniku Izakaya (collectively referred to as the “Riki Restaurants”), for failing to pay minimum wages, overtime wages, spread of hours pay, and for misappropriating customer tips intended for their servers. According to the lawsuit, the Riki Restaurants have violated numerous provisions of the ...
Continue Reading →30 JAN
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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