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9 NOV

F&S Files Lawsuit Against Lasership for Unpaid Wages

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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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9 NOV

Judge Extends Notice Period in TGI Fridays Case

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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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20 OCT

Exploration Drilling Case- Motion for Conditional Certification under the FLSA Granted

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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 ...

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25 SEP

Numero 28 Restaurant Lawsuit Filed

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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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3 SEP

Delmonico’s Italian Steakhouse Lawsuit Filed by Fitapelli & Schaffer

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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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28 AUG

KOI Restaurant Lawsuit

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On Friday, August 28, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Koi Group Inc, Koi NY LLC d/b/a Koi Restaurant, and Koi NY Downtown LLC d/b/a Koi SoHo, (collectively, “Koi”). The lawsuit is filed on behalf of all servers, bussers, runners, bartenders and other “Tipped Employees” who work or have worked at Koi Restaurant located at the Bryant Park Hotel or Trump Soho in ...

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31 JUL

Cheetahs Lawsuit- Collective Action Granted

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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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27 JUL

Artisanal Restaurant Lawsuit Filed by Fitapelli & Schaffer

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On July, 22 2015, Fitapellli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Artisanal Fromagerie & Bistro, LLC (“Artisanal”), Vincent S. Bonfittodrory a/k/a “Sarid Drory,” and Terrance Brennan. The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, and other similarly situated tipped employees (collectively, “Tipped Employees”) who work or have worked at Artisanal, located at 2 Park Avenue South, New York, New York ...

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20 JUL

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

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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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16 JUL

Dept. of Labor Issues Guidance for Workers Misclassified as Independent Contractors

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On July 15, 2015 the Department of Labor issued an administrator’s interpretation regarding the widespread issue of employers misclassifying workers as independent contractors instead of employees. It has become a common phenomenon in the United States for employers to willfully misclassify their employees as independent contractors to cut labor costs and avoid paying such workers minimum wage, overtime pay, and other benefits such as unemployment insurance and worker’s compensation. Many workers are being deprived of their rights under the FLSA ...

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