Last week, the Restaurant Opportunities Center (ROC) filed a lawsuit in Chicago Federal Court against Darden Restaurants, parent company of Capital Grille, alleging unpaid wage violations, such as: Minimum Wage, Overtime and Spread of Hours. The new lawsuit also requests to proceed as a class and collective action on behalf of all Capital Grille employees nation-wide. Our firm, Fitapelli & Schaffer, LLP, filed this case first, on November 17, 2011 and we already have over 25 Plaintiffs from 7 different ...
Continue Reading →22 DEC
Click Here to view the Complaint- Scanned Complaint_11 Civ. 9401 (PKC)
Fitapelli & Schaffer filed a class action lawsuit in the Southern District of New York, against Benjamin Steakhouse, an upscale steakhouse in Manhattan. The restaurant is owned by Alban “Benjamin” Prelvukaj, a former employee of Peter Luger. We allege that our client and similarly situated hourly, tipped employees, such as servers, bussers and bartenders were not paid full minimum wage and overtime for all the hours they worked. Even ...
Continue Reading →9 DEC
An Appeals Court has recently ruled against Applebee’s regarding the payment of minimum wage to tipped employees. In that case, tipped employees, such as servers, bartenders and bussers spent more than 20% of their day performing non-tipped related activities, such as setting tables, cleaning silverware, filling salt and pepper shakers, cutting fruits and vegetables and general cleaning. Since tipped employees spent more than 20% of their day performing non-tipped related duties, they were entitled to the full minimum wage of ...
Continue Reading →18 NOV
Fitapelli & Schaffer filed a nation-wide class and collective action against Capital Grille, a chain of over 40 upscale steak houses. We are seeking to represent all tipped employees, including servers, bartenders, bussers, runners and barbacks who currently or have worked for the company for the past six years. We allege the following violations:
1. Minimum Wage- Employees should have been paid $7.25 per hour and should have been compensated for having to arrive at work 15 minutes before the start ...
Continue Reading →9 NOV
Fitapelli & Schaffer is pleased to announce that Judge Colleen McMahon of the United States District Court, Southern District of New York has approved a collective action notice which will be sent to all tipped employees who worked for the two Flute Bars in New York City during the past three years. If someone fills out and sends back the form, they will become a plaintiff in the case and will be eligible to share in ...
Continue Reading →3 NOV
Fitapelli & Schaffer filed a class and collective action against Public House Investments, LLC for failing to pay proper wages to tipped employees including servers, bussers, runners and bartenders. The lawsuit is brought on behalf of all tipped employees who worked at the following bars over the past six years: Public House, Butterfield 8, Tammany Hall and Wicker Park. The allegations include failure to pay minimum wage ($7.25 per hour), overtime (time and one half over 40 hours per week), ...
Continue Reading →