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Gramercy Tavern Sued for Unpaid Wages

Two former tipped workers of the Michelin-starred restaurant Gramercy Tavern are suing owner and restaurant mogul Danny Meyer for unpaid wages. Meyer, who also owns several other restaurants such as Shake Shack, Blue Smoke, Maialino, Jazz Standard, The Modern, North End Grill, and Union Square Café under the parent Company Union Square Hospitality, has been accused of being in violation of federal and state labor laws.

The ex-employees allege that they were not paid correctly and are consequently seeking ...

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Papa John’s Franchisee Fails to Pay Employee Wages, Gets Jail Time

On November 16, 2015, New York Attorney General Eric T. Schneiderman issued a press release stating that Abdul Jamil Khokar, a franchisee of nine Papa John’s restaurants in the Bronx,  pled guilty for failing to pay wages under the New York Labor Law (“NYLL”). BMY Foods, Inc., the corporation which owned and operated the Papa John’s franchises with Khokar, pled guilty of falsifying business records. Khokar will serve 60 days in jail, and will pay $230,000 in restitution to his ...

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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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F&S Files Lawsuit Against Lasership for Unpaid Wages

On November 5, 2015, Fitapelli & Schaffer LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Lasership , Inc., and Mahmoud, Inc. (collectively, “Lasership” or “Defendants”).  The lawsuit is filed on behalf of all delivery persons or “walkers” (collectively, “walkers”) who work or have worked at Lasership in New York.

The lawsuit alleges that the owners and operators of Lasership have instituted widespread practices and policies that violate their walkers ...

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Judge Extends Notice Period in TGI Fridays Case

On November 3, 2015, The United States District Court for the Southern District of New York granted Plaintiffs’ Motion for a 45 day extension of the deadline for potential plaintiffs to opt-in to the lawsuit against Carlson’s Restaurant  Inc. and TGI Friday’s Inc. (collectively, “TGI Friday’s”). The lawsuit alleges that TGI Friday’s failed to pay its servers, bussers, runners, bartenders, barbacks, hosts and other tipped food service workers (“Tipped Employees”) proper minimum wage, overtime pay, spread-of-hours pay, and misappropriated tips, ...

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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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Delmonico’s Italian Steakhouse Lawsuit Filed by Fitapelli & Schaffer

On Wednesday, September 2, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Western District of New York on behalf of all servers, bussers, bartenders, barbacks, and other tipped workers (collectively “Tipped Workers”) who work or have worked at Delmonico’s Italian Steakhouse located at 1553 Central Avenue, Albany, New York 12205 (“Albany Delmonico’s”); 125  White Spruce Boulevard, Rochester, New York 14623 (“Rochester Delmonico’s”); 147 North Genesee Street, Utica, New York 13502 ...

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Cheetahs Lawsuit- Collective Action Granted

On July 30, 2015, Judge Gabriel Gorenstein of the United States District Court for the Southern District of New York granted Plaintiff’s Motion for Conditional Approval of a Collective Action against Cheetahs Gentlemen’s Club & Restaurant (“Cheetahs”). The court held that Plaintiffs sufficiently demonstrated that they are similarly situated to other entertainers who worked at Cheetahs. The court granted notice to be sent to “all individuals who worked at Cheetahs”, so they may have an opportunity to join the case. ...

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F&S Files Class Action Lawsuit For Unpaid Wages Against Ricardo’s Steakhouse

On July 16, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the District Court for the Southern District of New York against Ricardo LLC d/b/a Ricardo Steak House. The lawsuit is filed on behalf of all servers, busboys, runners, bartenders, cocktail waiters/waitresses, and other similarly situated tipped workers (collectively, “Tipped Workers”) who work or have worked at Ricardo Steak House in New York City.

The lawsuit alleges that the owners and operators ...

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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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