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13 JUL

Fitapelli & Schaffer Obtains an $889,000 Verdict Following a Week-Long Trial For 7 Restaurant Workers

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On August 22, 2014, Fitapelli & Schaffer, LLP filed a lawsuit in the United States District Court for the Southern District of New York against Louya Corp. d/b/a Jacques Brasserie as well its individual owners and related entities (collectively, “Defendants”).  The lawsuit was filed on behalf of seven cooks, waiters, and runners (collectively, “Non-Exempt Employees”) who work or have worked at Jacques Brasserie in New York City.

The lawsuit alleged that the Defendants instituted widespread practices and policies that violated the ...

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1 JUL

Lawsuit Filed Against Stone Street Tavern For Unpaid Wages

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On June 29, 2015, Fitapelli & Schaffer, LLP filed a class and collective action lawsuit in the United States District Court for the District Court for the Southern District of New York against 85 Pearl Street Venture LTD. d/b/a Stone Street Tavern (“Stone Street Tavern”). The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, barbacks, and other similarly situated tipped employees (collectively, “Tipped Employees”) who work or have worked at Stone Street Tavern in New York City.

The ...

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30 JUN

New Overtime Rules

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The Department of Labor (“DOL”) has announced a proposal to update the regulations which govern overtime compensation for employees. Currently, the only way employees are automatically guaranteed time and a half pay for hours worked over forty per week is when they make less than $23,660 per year, or $455 per week. Moreover, employees today who make more than $23,660 per year can be given limited supervisory duties and can be called a “manager”, making them exempt from overtime pay. ...

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1 JUN

AKI Renovations Lawsuit

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On May 29, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Eastern District of New York against Aki Renovations Group, Inc.; Aki Renovations, Inc.; Aki Todic, individually; Mujo Todic, individually; and Halil Todic, individually (collectively “Defendants” or “Aki Group”). The lawsuit is filed on behalf of all laborers who work or have worked for the Aki Group within the last six years.

Defendants are based in Queens, New York and provide ...

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1 JUN

Exploration Drilling Lawsuit Filed by F&S

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On May 20, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the District of Montana Billings Division against Exploration Drilling, Inc. (“Exploration Drilling”). The lawsuit is filed on behalf of all flowback operators and other similarly situated employees who work or have worked at Exploration Drilling nationwide.

The lawsuit alleges that Exploration Drilling has failed to pay overtime to flowback operators. Flowback operators are paid a day rate, which is a pre-set ...

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14 MAY

Sushi Samba Lawsuit

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On May 13, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Gaucho, LLC; Samba Brands Management; 7th & Barrow LLC; Avenue Spoon Inc.; Shimon Bokova; Danielle Billera; and Matthew Johnson (collectively, “Defendants”) who collectively own and operate the Sushi Samba restaurants in New York City, Miami Beach, Coral Gables, and Las Vegas.  The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, ...

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12 MAY

Governor Cuomo Likely to Raise Wages For Fast Food Workers in New York

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Governor Cuomo, frustrated from facing resistance and delays from the legislature in his attempts to raise the minimum wage rate once more, is resolute on making an increase a reality. This Thursday, the Governor will use his authority to direct the labor commissioner to convene a Wage Board and examine the current minimum wage in the fast-food industry. The board is expected to give its recommendations as to what it believes the minimum wage rate in this industry should be ...

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11 MAY

Nail Salons Accused of Rampant Wage Violations, Governor Cuomo Takes Action

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The countless nail salons in New York City and surrounding areas, as documented by a recent NY Times article, have recently been placed under the microscope in regards to wage and hour violations and hazardous working conditions.  Several violations have become apparent such as these salons paying its workers way below the minimum hourly wage rate, no overtime pay, not being paid for all hours worked, and often not being paid at all. Last year, the Department of Labor ...

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27 MAR

TGI Fridays- Defendants’ Motion to Dismiss and Change Venue are Denied.

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On March 27, 2015, in the case of Flood v. Carlson Restaurants Inc., Judge Analisa Torres of the United States District Court for the Southern District of New York denied Defendants motion to transfer the action to the Northern District of Texas and to partially dismiss Plaintiffs’ FLSA minimum wage claim.  Plaintiffs originally commenced this action on April 17, 2014, on behalf of themselves and all similarly situated current and former tipped workers – including servers, bussers, runners, bartenders, barbacks, ...

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24 MAR

Landry’s/McCormick & Schmick’s Lawsuit Filed

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On March 24, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Landry’s, Inc. and its subsidiaries McCormick & Schmick Restaurant Corp. and Landry’s Seafood House-Arlington, Inc., on behalf of all servers, bussers, and other tipped workers who have worked at the “McCormick & Schmick’s Seafood & Steaks” that operated in New York City between March 24, 2009 and June 13, 2014.

Landry’s Inc. (“Landry’s”) is ...

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