On August 22, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the corporate entities doing business as the Café Español restaurants located at 78 Carmine Street and 172 Bleecker Street in New York (collectively, “Café Español”). The lawsuit alleges that despite working over 40 hours per week, cooks, food preparers, dishwashers, and kitchen helpers are only paid a fixed weekly salary and not time ...
Continue Reading →30 JUL
A class action lawsuit was filed on July 30, 2014 in the Southern District of New York against Raymours Furniture Company, Inc. (“Raymours”) alleges that the furniture chain failed to pay its Sales Associates, Home Furnishing Consultants and other commissioned employees (collectively, “Sale Associates”) overtime wages, commissions, spread-of-hours pay and other damages in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Other affected employees are current and former Sales Associates or similar employees ...
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On July 30, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the Southern District of New York against Leros Point to Point, Inc. Leros Management, Inc. and its owners John Nyikos, Jeffrey Nyikos, and Christopher Nyikos (collectively “Leros”). The lawsuit alleges that Leros failed to pay its chauffeurs the appropriate overtime compensation as required under the Fair Labor Standards Act and the New York Labor Law. The lawsuit also seeks to recover misappropriated service charges, unpaid commissions, ...
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On July 23, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit against Roughlock LLC d/b/a Black Door and Steeplechase, Inc. d/b/a as Park Bar (collectively, the “Defendants” or the “Bars”) alleging that that Defendants failed to pay bartenders the proper minimum wages, overtime pay, and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Additionally, the suit seeks to recover damages related to unlawful wage deductions, misappropriated gratuities, failure ...
Continue Reading →21 JUL
Barnes & Noble was denied summary judgment in Trimmer v Barnes & Noble, Inc. The plaintiffs in this case are Assistant Store Managers (“ASM”) who worked for Barnes and Noble and allege that they were misclassified as exempt employees and denied overtime wages in violation of the FLSA. In its motion for summary judgment, Barnes & Noble argued that the evidence in the record was sufficient to show that plaintiffs were properly classified under the executive and administrative exemptions.
The Court ...
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In a case of first impression in the Third Circuit, a Middle District of Pennsylvania Court held that expediters at the Red Robin restaurant chain did not fall within the definition of “tipped employees” under the Fair Labor Standards Act (“FLSA”). Ford v. Lehigh Valley Restaurant Group, Inc., No. 14-cv-227. The case revolves around the interpretation of 29 U.S.C. § 203(m), which allows “the pooling of tips among employees who customarily and regularly receive tips.” Defendant Red Robin instituted a ...
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On July 7, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit against Costco Wholesale Corporation and the owners/operators of PopCorners, a brand of “all natural” popped corn chip products. The lawsuit alleges that the defendants failed to compensate Sales Representatives of PopCorners overtime pay. The plaintiff alleges that he would be required to hand out free samples in a specific Costco location and be required to work from open to close of the store. As a result of ...
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On July 2, 2014, the Court granted plaintiffs’ motion for leave to amend the Complaint. The complaint alleges that Chipotle Mexican Grill violated the Fair Labor Standards Act, New York Labor Laws, and other supporting New York State Department of Labor regulations by misclassifying its employees in order to avoid paying them overtime compensation. According to the complaint, “Apprentices” spent the majority of their shift completing non-exempt duties such as working on the assembly line, filling orders, grilling food, and ...
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On October 2, 2013, Fitapelli & Schaffer, LLP filed a lawsuit alleging that Defendants Moonstruck Diners failed to pay non-exempt workers the proper minimum wage rate, overtime pay and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law.
On July 2, 2014 the Court granted Plaintiff’s Motion for an Order Granting Class Certification, Court Authorization and Expedited Discovery pursuant to 29 U.S.C. § 216(b) and denied Defendants’ Cross-Motion for Judgment on the Pleadings ...
Continue Reading →24 JUN
An Act sitting in the New York State Senate may bring important changes to the New York Labor Law. If Governor Cuomo signs the Act then employers will no longer be required to provide annual wage notices. Instead employers will only have to provide an employee with a wage notice upon hire. If an employer does not provide an employee with a wage notice after 10 business days of the employee’s first day of work, then a penalty of up ...
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