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Minimum Wage Increases for NY Once More

As of December 31, 2018, the hourly minimum wage for New Yorkers has increased yet again. New York City employers with 11 employees or more must pay their hourly workers $15.00 per hour and the appropriate overtime rate at time and a half when working over 40 hours per week. For hard working employees, the wage boost is much needed especially in a city where the cost of living is so high. Governor Andrew Cuomo proudly commented ...

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Nordstrom Owned Trunk Club to Pay $1.75M In OT Suit

Trunk Club, a Nordstrom subsidiary, which offers clients personal styling with mid to high end clothing brands recently agreed to pay its employees $1.75 million in a wage lawsuit. The hourly non-exempt workers alleged that they were required to perform work off-the-clock that went unpaid.  Nordstrom’s Trunk Club offered their services nationwide with affected employees working in several states including California, Massachusetts, South Carolina, Illinois, Texas, Washington, D.C., and New York.

Under federal and state laws, including the ...

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High End Sushi Seki in NYC Sued for Unpaid Wages

Fitapelli & Schaffer, LLP has filed a class and collective action lawsuit against Sushi Seki, a high-end NYC sushi restaurant with three locations, alleging wage and hour violations under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).  The lawsuit seeks to recover unpaid minimum wages, overtime compensation, misappropriated tips, call-in pay, and other damages for current and former tipped employees, such as servers, bartenders, bussers, and food runners.

Among other claims, the lawsuit alleges that Sushi ...

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Haru Sushi Locations Hit with Wage Lawsuit

The acclaimed chain Haru restaurants of New York have landed themselves in a bit of hot water after a recent wage lawsuit claims they have been paying tipped workers less than the full minimum wage in conjunction with other pay issues. These wage claims violate the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”), federal and state laws, designed to protect worker rights. Fitapelli & Schaffer, LLP filed this class action lawsuit yesterday which intends ...

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Minimum Wage Violations Cause Hertz and Thrifty to Pay $2M

Hertz and Thrifty employees in Washington State filed a class action lawsuit for minimum wage violations against Hertz and Thrifty.  More than 150 employees of the car rental behemoths filed claims with the Department of Labor (DOL) under the SeaTac minimum wage ordinance.

The DOL investigated these wage complaints that alleged Hertz/Thrifty failed to pay the minimum hourly wage upheld by the ordinance between January 1, 2014 and September 30, 2015. To further avoid the inconvenience, uncertainty, and expense of litigation, ...

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Live-In Home Health Aides Must Be Paid for 24 Hours

On April 11, 2017 the NY Supreme Court, Appellate Division for the First Department ruled in favor of the plaintiffs in the Tokhtaman v. Human Care, LLC case. The plaintiffs in this matter argued that home health aides were not being paid for all hours worked, overtime, and spread of hours. The courts decided that nonresidential home health aides who work as live-ins at a client’s home are eligible for overtime.

What Does This Mean & Who Does This Affect?

Home Health ...

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Plaintiffs Win Conditional Certification in Star Nissan Case

On April 12, 2017, in the case of Hotaranu v. Star Nissan Inc., No. 16 Civ. 5320, Judge Robert M. Levy of the United States District Court for the Eastern District of New York granted Plaintiffs’ motion for a conditional certification of a collective action under the Fair Labor Standards Act. Plaintiffs originally commenced this action on September 26, 2016, on behalf of themselves and all similarly situated current and former auto sales representatives employed at the Star Nissan dealership, ...

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Delivery Workers Cannot be Paid a Tip Credit says Connecticut Supreme Court

There has been an important development for tipped workers in the state of Connecticut. The Connecticut Supreme court has decided that delivery workers cannot be paid a tip credit instead of the full minimum wage rate. The norm had been that businesses like hotels and restaurants would pay its delivery workers the reduced minimum wage because they were earning tips, however, this recent decision points out that the law may have been misinterpreted all along. Delivery workers may have always ...

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Nick’s Pizzabar Sued for Unpaid Wages

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 ...

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Construction Companies Frequently Fail to Pay Laborers Overtime

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 ...

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