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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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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 ...

Scanned complaint – CV12-1264

Fitapelli & Schaffer, LLP recently filed a class and collective action lawsuit against Andres Carne De Tres, a very popular Columbian restaurant in Woodside, Queens.  We allege tipped employees were not paid minimum wage, overtime, spread of hours, gratuities and service charges.  To make matters worse, our client was paid only $30 no matter how many hours worked per shift.  We are seeking to have all current and formers waiters, bussers and bartenders join the case.