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FLSA Lawsuit Filed Against Cross City Construction

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 Cross City Construction, would entitle them to receive overtime pay when working over 40 hours per week. Cross City Construction, a construction contractor who operates at several sites throughout New York City, was hit with a class action FLSA lawsuit on Wednesday, May 10, 2016. Fitapelli & Schaffer, LLP is ...

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Transgender Employee Discriminated Against by Whole Foods

Having to deal with constant workplace harassment day in and day out, can be mentally and physically taxing to say the least. When starting out at any job, one always hopes for a pleasant and work conducive environment. When Victor Alexander King started working at Whole Foods, a leading gourmet supermarket nationally and internationally, he probably never believed he would have been discriminated and harassed so intensely due to being transgender. One of Whole Foods mission statements is ...

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Minimum Wage Increase for Fast-food Workers’ is Upheld

Handing down a victory for restaurant worker rights, the decision to increase the minimum wage for fast food workers to $15 an hour in the state of New York has been upheld by a state oversight board. On Wednesday, the New York Industrial Board of Appeals rejected arguments made by the National Restaurant’s Association that claimed the mandate to increase wages was arbitrary and unfair by focusing on national chain restaurants with 30 or more locations.

Earlier this year ...

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Oaxaca Taqueria Overtime Lawsuit

On November 5, 2015, Fitapelli & Schaffer, LLP and Pechman Law Group, PLLC  filed a class action lawsuit in the United States District Court for the Southern District of New York against Oaxaca restaurants in New York City.  The lawsuit is filed on behalf of all servers, cooks, kitchen assistants, counterpersons, delivery persons, and other Restaurant Workers (collectively, “Restaurant Workers”) who work or have worked at Oaxaca Taqueria located at the Upper West Side (“Oaxaca Amsterdam”) located at 424 Amsterdam ...

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Numero 28 Restaurant Lawsuit Filed

On Friday, September 25, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Numero 28 Pizzerias in New York. The lawsuit is filed on behalf of all servers, busboys, runners, bartenders, and other “Tipped Workers” who work or have worked at any of Numero 28 pizzerias in New York City. Numero 28’s New York City locations include the “West Village”- located at 28 Carmine Street, ...

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

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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Lawsuit Filed Against Stone Street Tavern For Unpaid Wages

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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AKI Renovations Lawsuit

On May 29, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Eastern District of New York against Aki Renovations Group, Inc.; Aki Renovations, Inc.; Aki Todic, individually; Mujo Todic, individually; and Halil Todic, individually (collectively “Defendants” or “Aki Group”). The lawsuit is filed on behalf of all laborers who work or have worked for the Aki Group within the last six years.

Defendants are based in Queens, New York and provide ...

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

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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Wage Increase For Tipped Workers in New York

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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