In the last couple of years NFL cheerleaders across the nation have challenged NFL teams to resolve issues of unfair pay and treatment. Following in the footsteps of cheerleaders for the Oakland Raiders, Cincinnati Bengals and Buffalo Bills, the cheerleaders for the New York Jets will finally see a resolution to their fight for better pay. The cheerleaders, also known as the Flight Crew claimed that the Jets violated the FLSA by improperly classifying them as independent contractors ...
Continue Reading →28 JAN
On January 28, 2016, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Marina Ice Cream Corp. and Selinger Ice Cream Corp., who together do business as “Marina Ice Cream” in New York City. The lawsuit is filed on behalf of all delivery drivers who work or have worked for Marina Ice Cream Corp. located at 133-14 Jamaica Avenue, Richmond Hill, New York 11418; 424 East ...
Continue Reading →14 DEC
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 ...
Continue Reading →17 NOV
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 ...
Continue Reading →9 NOV
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 ...
Continue Reading →9 NOV
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 ...
Continue Reading →20 OCT
On October 15, 2015, the United States District Court for the District of Montana granted Plaintiff’s Motion for Conditional Certification and Notice against Exploration Drilling for Unpaid Overtime under the Fair Labor Standards Act (“FLSA”). In granting Conditional Certification, the Court held that Plaintiff met his burden of establishing that he and the putative class members, consisting of Flowback Operators, are similarly situated. This determination by the Court was based off of six declarations, one from Plaintiff and the rest ...
Continue Reading →24 SEP
On Tuesday September 22, 2015, oil and gas service provider Halliburton came to an agreement with the U.S. Department of Labor (DOL) to pay more than $18 million in unpaid overtime wages to over 1,000 of Halliburton employees across the nation. The DOL, in a news release, called it “one of the largest recoveries of overtime wages in recent years.”
Halliburton is one of the largest oil and gas service providers in the world. Halliburton has more than 70,000 employees, with ...
Continue Reading →3 SEP
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 ...
Continue Reading →31 JUL
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. ...
Continue Reading →