Scanned First Amended Complaint 10-4-13
On July 25, 2013, Carlos Flores, Hermelindo Tendilla, Rafael Aldape and Francisco Delarosa-Atlatenco (“Plaintiffs”) filed a complaint in the U.S. District Court (S.D.N.Y.) on behalf of themselves and similarly situated “tipped workers” that worked at Harry’s Steak House (“Harry’s”) alleging that Harry’s unlawfully violated the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The Plaintiffs are seeking to ...
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Second Circuit Holds Gristede’s CEO, John Catsimatidis Personally Liable for Employees Lost Overtime Wages
On July 9, 2013, the Second Circuit affirmed the Southern District of New York (S.D.N.Y.) decision in Torres v. Gristede’s Operating Corp. that Gristede’s Foods, Inc. (“Gristedes”) CEO, John Catsimatidis qualifies as an “employer” under the Fair Labor Standards Act (FLSA). In so holding, the Second Circuit, made Catsimatidis personally liable for any wage and hour claims ...
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NY Court of Appeals Starbucks Decision
On June 26, 2013, the New York State Court of Appeals responded to both Barenboim v. Starbucks and Winans v. Starbucks by holding that Starbuck Baristas must share their tips with Shift Supervisors but the company may be entitled to deny those same tips to Assistant Managers. In so holding, the Court of Appeals has methodically laid out the proper line of ...
Continue Reading →S.D.N.Y. Grants Nationwide Class Certification Against Chipotle
On June 20, 2013, the U.S. District Court (S.D.N.Y.) received oral arguments on behalf of Chipotle Mexican Grill, Inc (“Defendant”) and its Apprentice/Assistant Manager employees (“Plaintiffs”) located in eight states regarding a motion for Conditional Certification of a Collective Action pursuant to the Fair Labor ...
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Conde Nast Allegedly Violates Federal and State, Wage and Hour Laws by Failing to Pay Interns
On June 13, 2013, two former interns, Lauren Ballinger and Matthew Leib (Plaintiffs) filed a class action complaint in U.S. Federal Court (S.D.N.Y.) on behalf of themselves and all others similarly situated against Conde Nast Publications ...
Continue Reading →On June 12, 2013, the Alycia Carrillo (“Plaintiff”) filed a complaint in U.S. Federal Court on behalf of herself and all others similarly situated that worked at The Ainsworth and Ainsworth Park (collectively, the “Ainsworth Bars”), as class representative, alleging that Paige Hospitality Group (“Defendant”) unlawfully violated the Fair Labor Standards Act (FSLA) and New York Labor Law (NYLL). The plaintiff is seeking to recover unpaid minimum wages, overtime compensation, spread of hours pay, misappropriated gratuities, misappropriated service charges, unlawful ...
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S.D.N.Y. Grants Conditional Certification and Court-Authorized Notice to Tipped Employees against Ruby Tuesday Restaurants
On June 11, 2013, the U.S. Federal Court (S.D.N.Y.) granted conditional certification and court-authorized notice to potential class members in Guttentag v. Ruby Tuesday, ...
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Fox Entertainment Group and Fox Searchlight Pictures Violate Federal and State, Wage and Hour Laws by Failing to Pay Interns
On June 11, 2013, the U.S. Federal Court (S.D.N.Y) held in Glatt v. Fox Searchlight Pictures that Fox ...
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On May 22, 2013, the United State Court of Appeals for the Second Circuit denied defendants Gristede’s Operating Corp.’s appeal from District Judge Paul A. Crotty’s award of $3,415,450 in attorneys’ fees and $442,609.85 in costs to plaintiffs after the parties entered into a $3,530,000 settlement on the eve of trial.
Defendants argued that the district court did not adequately ...
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On April 30, 2013, Fitapelli & Schaffer filed a class and collective action lawsuit against the owners and operators of Restaurant Riki, Box Snack Riki, and Riki Yakiniku Izakaya (collectively referred to as the “Riki Restaurants”), for failing to pay minimum wages, overtime wages, spread of hours pay, and for misappropriating customer tips intended for their servers. According to the lawsuit, the Riki Restaurants have violated numerous provisions of the ...
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