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12 NOV

Tolani Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against the owners of “Tolani”, located at 410 Amsterdam Avenue, New York, NY 10024, on behalf of all bartenders, barbacks, servers, bussers, runners, line cooks, food preparers, dishwashers, and other “Non-Exempt Workers” who have worked there.

The lawsuit alleges that the owners of this restaurant have instituted widespread policies in violation of the Fair Labor ...

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12 NOV

Sidebar/Littletown Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against the owners of “SideBAR”, the Union Square location of “Little Town”, “Village Pourhouse”,“Hudson Terrace”, “Tres Carnes”, and “House of ‘Que” (the “Defendants”), on behalf of all servers, bussers, runners, bartenders, barbacks, and other “tipped workers” who have worked at either of these locations.

The lawsuit alleges that the owners of these restaurants have instituted ...

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12 NOV

Mexican Radio Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against Mexican Radio Corp., the owners of the “Mexican Radio” restaurants located at 19 Cleveland Place, New York, NY 10012 and 537 Warren Street, Hudson, NY 12543 (collectively, the “Mexican Radio Restaurants”), on behalf of all servers, bartenders, runners, supervisors, and other “tipped workers” who have worked at either of these locations.

The lawsuit alleges ...

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4 NOV

Hart v. Crab Addison- New 20% Sidework Decision

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Recently, the United States District Court for the Western District of New York denied Defendant Crab Addison, Inc.’s (“Crab Addison”) motion to dismiss a Plaintiff class’s minimum-wage claim under the Fair Labor Standards Act (“FLSA”) alleging that Defendants paid the Plaintiff class less than the full required minimum wage pursuant to a “tip credit”, while having them spend a significant amount of time performing non-tipped duties. In its prior decision, the Court granted Defendant’s motion to dismiss the FLSA minimum-wage ...

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27 OCT

Unpaid Intern Settlement

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Last week, NBCUniversal agreed to pay $6.4 million to their interns to resolve an unpaid wages lawsuit. Last year, former interns of NBCUniversal filed a lawsuit alleging that NBCUniversal failed to pay them the applicable minimum wage or any wages at all for their work in violation of the Fair Labor Standards Act which states that internships must benefit the interns, not the employer. Although NBCUniversal did not admit any wrongdoing, this is yet another case where a company has ...

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14 OCT

2nd Circuit Revives Overtime Case Against Geico

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In a recent decision, the United States Court of Appeals for the Second Circuit has vacated and remanded the United States District Court for the Eastern District of New York’s grant of summary judgment for Government Employees Insurance Company (“Geico”) against Plaintiffs Candace Harper, Lisa Hoyt, Mark Anthony Turner, and Allison M. Akers.
Plaintiffs brought this case to contest Geico’s finding that they are employed in an administrative capacity, which would mean that they fall under the administrative exemption and ...

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8 OCT

New 1st Circuit Tip Credit Decision

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In a recent decision, on October 1, 2014, the United States Court of Appeals for the First Circuit affirmed the District Court of Puerto Rico’s decision granting summary judgment for the Secretary of the Department of Labor (“DOL”), against Lorraine Enterprises, Inc. d/b/a Piccolo E Posto, Lorraine Lago, and Pedro Gonzalez (collectively, “Defendants”), and denied Defendants motion to amend or alter that judgment. Perez v. Lorraine Enterprises, Inc., d/b/a Piccolo E Posto, et al., Nos. 13-1685 (1st Cir., Oct. 1, ...

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1 OCT

Class Certification Granted Against Allstate

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In a recent decision, on September 16, 2014, the Eastern District of New York granted Plaintiffs’, personal injury protection and medical payments claims adjusters (“adjusters”), motion for class certification of their New York Labor Law (“NYLL”) claims pursuant to Federal Rule of Civil Procedure 23, while denying Defendant’s, Allstate Insurance Company, motion to decertify the Fair Labor Standards Act (“FLSA”) collective.  Perez v. Allstate Insurance Co., Nos.11 -1812 (E.D.N.Y. Sept. 16, 2014).

The Court pointed to testimonial and documentary evidence to ...

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23 SEP

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On August 11, 2014, a former delivery driver filed a lawsuit in NY Federal Court against Pizza Hut, his former employer, seeking to recover for unpaid gratuities, overtime pay, liquidated damages, and attorneys’ fees and costs.  The delivery driver is claiming that he is entitled to the $2.75 “Delivery Fee” that Pizza Hut charged its customers for deliveries. He is alleging that this “Delivery Fee” was believed to be a service charge paid to the delivery driver by the customers; ...

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25 AUG

Jacques NYC Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on August 22, 2014, in the United States District Court for the Southern District of New York against Jacques Restaurant Group on behalf of all line cooks, food preparers, dishwashers, servers, bussers, runners, bartenders, and cooks (“Restaurant Workers”) who work or have worked at Jacques Brasserie located at 204 East 85th Street, New York, New York, Jacques 1534 located at 20 Prince Street, New York, New York, or The Pitch & ...

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