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Yankee Stadium Banquet Servers Lawsuit

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On November 15, 2012, Fitapelli & Schaffer filed a class and collective action lawsuit against Legends Hospitality, LLC and New York Yankees Partnership (collectively, “Yankees”).  The lawsuit alleges that Yankees led their customers to believe that the mandatory service charge during private catering events was a gratuity that would be distributed to the Banquet Servers.  However, the Yankees retained a portion of this gratuity/service charge.  Moreover, the Yankees failed to pay its Banquet Servers ...

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YANKEES LAWSUIT

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Fitapelli & Schaffer filed a lawsuit today in Supreme Court Bronx County against the New York Yankees and Legends Hospitality for failing to pay proper wages and gratuities to in-seat servers.  The lawsuit was filed on behalf on 32 workers, many of which are current employees.  According to the lawsuit, the Yankees and Legends failed to pay the 20% service charge or administrative fee that was automatically added to the menu prices to in-seat ...

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DANIEL BOULUD LAWSUIT

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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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HEARST UNPAID INTERNS WIN CONDITIONAL CERTIFICATION

In the recent decision of Wang v. Hearst Corporation, 2012 WL 2864524, the Court denied the defendant-employer’s motion to strike the class and collective action allegations made by the plaintiff-employees and granted the plaintiff’s cross-motion for conditional certification and court-authorized notice to potential class members pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §216(b).

Plaintiff’s proposed class consisted of interns who worked at 19 magazines, owned and operated by defendant, performing tasks necessary to the employer’s operations such as ...

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FLSA DECERTIFICATION DECISION

In a recent decision, Morano v. Intercontinental Capital Group, 2012 WL 2952893, the Court dismissed the employees’ nationwide collective action against their employer because all the plaintiffs were not “similarly situated.”  The Court recommended that the employees propose workable classes and resubmit their collective action or that each individual employee bring their own lawsuit.

Plaintiffs in the case were loan officers at Intercontinental Capital Group, Inc. (defendants).  The employees brought their claims as a nationwide collective action claiming that their Intercontinental ...

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RECRUITERS ARE ENTITLED TO OVERTIME PAY

In a recent case, the employees of a class action lawsuit were awarded $12.3 million to settle their overtime claims.  The employees worked as health care and staffing recruiters for Maxim Healthcare Services Inc., a national health care staffing company.  The employees alleged that they worked in excess of 40 hours per workweek and were not paid any overtime wages as required under various State Labor Laws and the Federal Labor Standards Act (“FLSA”).  The employees’ job duties consisted of ...

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ENERGY COMPANY OVERTIME SETTLEMENT

Last week, Allis-Chalmers Energy agreed to pay $1.9 million to their employees to resolve an unpaid overtime class action lawsuit.  Back on November 30, 2010, employees of Allis-Chalmers Energy, an oil and gas servicing company, filed a lawsuit alleging that their employer failed to pay them overtime.  The employees were employed as field operators who were primarily engaged in manual labor duties such as transporting, installing and maintaining oil and gas drilling equipment such as fluid lines and air compressors.  ...

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FIDDLESTICKS/GALWAY HOOKER LAWSUIT

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F&S filed a class and collective action in the United States District Court Southern District of New York against Fiddlesticks and Galway Hooker, very well-known bars in New York City.  We allege workers were not paid properly and violations include minimum wage, overtime and spread of hours pay.  Current and former employees should contact the firm to join the case as soon as possible.  We are seeking liquidated damages, which can double the amount ...

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GUSTO RESTAURANT LAWSUIT

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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 ...

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BOSTON MARKET SETTLEMENT

Boston Market has agreed to settle an overtime claim for $3 million.  The claim was brought on behalf of assistant managers who alleged they were wrongfully misclassified as exempt from the overtime laws.  The settlement covers a nation-wide collective action pursuant to the Fair Labor Standards Act and class actions pursuant to New York and Connecticut law.  Many cases involving assistant managers are fact specific, and turn on whether the employees performed menial tasks for a majority of their workday, ...

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