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13 JUL

Fitapelli & Schaffer Obtains an $889,000 Verdict Following a Week-Long Trial For 7 Restaurant Workers

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On August 22, 2014, Fitapelli & Schaffer, LLP filed a lawsuit in the United States District Court for the Southern District of New York against Louya Corp. d/b/a Jacques Brasserie as well its individual owners and related entities (collectively, “Defendants”).  The lawsuit was filed on behalf of seven cooks, waiters, and runners (collectively, “Non-Exempt Employees”) who work or have worked at Jacques Brasserie in New York City.

The lawsuit alleged that the Defendants instituted widespread practices and policies that violated the ...

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8 JUL

Assurance Wireless Lawsuit

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On July 7, 2015, Fitapelli & Schaffer, LLP, along with co-counsel, Nichols Kaster, PLLP, filed a class and collective action lawsuit in the United States District Court for the Southern District of New York against Assurance Wireless, LLC (“Assurance Wireless”) and Wallace Morgan, Inc. (“Wallace Morgan”).  The lawsuit is filed on behalf of all account executives, corporate trainers, or other similarly situated employees whose job was to gather applications for enrollment in the Lifeline Assistance Program through Assurance Wireless and ...

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1 JUL

Lawsuit Filed Against Stone Street Tavern For Unpaid Wages

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On June 29, 2015, Fitapelli & Schaffer, LLP filed a class and collective action lawsuit in the United States District Court for the District Court for the Southern District of New York against 85 Pearl Street Venture LTD. d/b/a Stone Street Tavern (“Stone Street Tavern”). The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, barbacks, and other similarly situated tipped employees (collectively, “Tipped Employees”) who work or have worked at Stone Street Tavern in New York City.

The ...

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14 MAY

Sushi Samba Lawsuit

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On May 13, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Gaucho, LLC; Samba Brands Management; 7th & Barrow LLC; Avenue Spoon Inc.; Shimon Bokova; Danielle Billera; and Matthew Johnson (collectively, “Defendants”) who collectively own and operate the Sushi Samba restaurants in New York City, Miami Beach, Coral Gables, and Las Vegas.  The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, ...

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12 MAY

Governor Cuomo Likely to Raise Wages For Fast Food Workers in New York

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Governor Cuomo, frustrated from facing resistance and delays from the legislature in his attempts to raise the minimum wage rate once more, is resolute on making an increase a reality. This Thursday, the Governor will use his authority to direct the labor commissioner to convene a Wage Board and examine the current minimum wage in the fast-food industry. The board is expected to give its recommendations as to what it believes the minimum wage rate in this industry should be ...

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11 MAY

Nail Salons Accused of Rampant Wage Violations, Governor Cuomo Takes Action

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The countless nail salons in New York City and surrounding areas, as documented by a recent NY Times article, have recently been placed under the microscope in regards to wage and hour violations and hazardous working conditions.  Several violations have become apparent such as these salons paying its workers way below the minimum hourly wage rate, no overtime pay, not being paid for all hours worked, and often not being paid at all. Last year, the Department of Labor ...

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27 MAR

TGI Fridays- Defendants’ Motion to Dismiss and Change Venue are Denied.

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On March 27, 2015, in the case of Flood v. Carlson Restaurants Inc., Judge Analisa Torres of the United States District Court for the Southern District of New York denied Defendants motion to transfer the action to the Northern District of Texas and to partially dismiss Plaintiffs’ FLSA minimum wage claim.  Plaintiffs originally commenced this action on April 17, 2014, on behalf of themselves and all similarly situated current and former tipped workers – including servers, bussers, runners, bartenders, barbacks, ...

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26 MAR

Dinosaur BBQ Lawsuit Filed

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On March 26, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Dinosaur Restaurants, LLC, JLN-Store, Inc. f/k/a Dino-Store, Inc., Soros Strategic Partners LP, and John Stage, who collectively own and operated the Dinosaur Bar-B-Que franchise.  This lawsuit is specifically filed on behalf of all servers, bussers, runners, bartenders, and other “Tipped Workers” who work or have worked at the following Dinosaur Bar-B-Que restaurants: the ...

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24 MAR

Landry’s/McCormick & Schmick’s Lawsuit Filed

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On March 24, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Landry’s, Inc. and its subsidiaries McCormick & Schmick Restaurant Corp. and Landry’s Seafood House-Arlington, Inc., on behalf of all servers, bussers, and other tipped workers who have worked at the “McCormick & Schmick’s Seafood & Steaks” that operated in New York City between March 24, 2009 and June 13, 2014.

Landry’s Inc. (“Landry’s”) is ...

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24 FEB

Wage Increase For Tipped Workers in New York

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Governor Andrew Cuomo’s administration has announced today that the New York State sub-minimum wage rate for all tipped workers will be raised to $7.50 an hour at the end of 2015.  This is a substantial and well warranted increase from the current tipped wage rate of $5.00, and will bring the tipped wage rate much closer to the regular minimum wage rate, which will itself increase from $8.75 to $9.00 at the end of 2015.

The unprompted raise should provide a ...

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