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21 FEB

ELITE MODELING UNPAID INTERNS

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Elite Modeling, a top modeling agency, is being sued by a former intern for allegedly failing to pay its interns overtime pay for the hours they worked in excess of 40.  The intern claims that the company misclassified its interns as exempt from wage requirements and then made them work more than 40 hours a week, including weekends.

The intern claims that her duties included “Assisting Bookers with scouting new talent at open calls; Assisting with product management and development including ...

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30 JAN

T.G.I. Fridays Lawsuit Update

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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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19 DEC

DANIEL BOULUD RESTAURANTS

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Click Here to View the Notice

Click Here to View the Consent

F&S is pleased to announce that Judge Hellerstein has signed off on a stipulation allowing court-authorized notice to be sent to over 600 current and former employees of celebrity chef Daniel Boulud’s restaurants: Daniel, DBGB, Bar Boulud and Boulud Sud.  If a person joins the case, they will be able to seek remedies for unpaid minimum wage, overtime, tips and spread of hours.

 

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6 DEC

PUBLIC HOUSE NYC CASE

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We are pleased to report that Judge McMahon has granted our motion for Rule 23 Class Certification for all tipped and kitchen workers who have worked at Public House, Butterfield 8, Tammany Hall and Wicker Park in the past six years.  We will be sending notices shortly advising employees of their ability to participate and recover if a settlement is reached.  Restaurant workers should be aware that they are able to bring claims for ...

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26 NOV

T.G.I. FRIDAYS LAWSUIT

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Click Here to View the Complaint

On November 20, 2012, Fitapelli & Schaffer filed a class action lawsuit against The Riese Organization, Inc., who owns and/or operates 10 T.G.I. Friday’s in Manhattan.  T.G.I. Friday’s is a popular restaurant brand with more than 500 locations worldwide. This lawsuit alleges that T.G.I. Friday’s failed to pay proper minimum wages, overtime pay, spread-of-hours pay, and call in pay to servers, bussers, runners, bartenders, barbacks and other tipped workers as required under the federal ...

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16 NOV

Yankee Stadium Banquet Servers Lawsuit

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Click Here to Read the Lawsuit

On November 15, 2012, Fitapelli & Schaffer filed a class and collective action lawsuit against Legends Hospitality, LLC and New York Yankees Partnership (collectively, “Yankees”).  The lawsuit alleges that Yankees led their customers to believe that the mandatory service charge during private catering events was a gratuity that would be distributed to the Banquet Servers.  However, the Yankees retained a portion of this gratuity/service charge.  Moreover, the Yankees failed to pay its Banquet Servers ...

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10 AUG

DANIEL BOULUD LAWSUIT

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Click Here to View the Lawsuit

On August 10, 2012, Fitapelli & Schaffer filed a class and collective action lawsuit against The Dinex Group and Daniel Boulud, the world-renowned celebrity chef.  The lawsuit alleges that Boloud’s restaurants, including Bar Boloud fail to pay proper minimum wage, overtime and spread of hours to tipped restaurant workers.  Many of these violations stem from non-tip eligible employees participating in the tip pool, including polishers, expediters and the Maitre’ D.  Under New York law, ...

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25 JUL

HEARST UNPAID INTERNS WIN CONDITIONAL CERTIFICATION

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In the recent decision of Wang v. Hearst Corporation, 2012 WL 2864524, the Court denied the defendant-employer’s motion to strike the class and collective action allegations made by the plaintiff-employees and granted the plaintiff’s cross-motion for conditional certification and court-authorized notice to potential class members pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §216(b).

Plaintiff’s proposed class consisted of interns who worked at 19 magazines, owned and operated by defendant, performing tasks necessary to the employer’s operations such as ...

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19 JUN

FIDDLESTICKS/GALWAY HOOKER LAWSUIT

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Click Here to Read the Lawsuit

F&S filed a class and collective action in the United States District Court Southern District of New York against Fiddlesticks and Galway Hooker, very well-known bars in New York City.  We allege workers were not paid properly and violations include minimum wage, overtime and spread of hours pay.  Current and former employees should contact the firm to join the case as soon as possible.  We are seeking liquidated damages, which can double the amount ...

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1 MAY

GUSTO RESTAURANT LAWSUIT

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Click Here to View the Lawsuit

On April 24, 2012, Fitapelli & Schaffer filed a class and collective action lawsuit against Gusto Restaurant in New York City.  The lawsuit alleges Gusto failed to pay their employees minimum wage, overtime, gratuities and spread of hours to servers, bussers, runners, bartenders, barbacks, dishwashers, salad and pasta preparers.  Since we filed the lawsuit, additional workers have joined the case.  We will seek to represent all eligible workers who have been employed by Gusto ...

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