Summary:
On Wednesday, January 19, 2022, Fitapelli & Schaffer, LLP, filed a class action lawsuit against Planet Fitness in New York for unpaid wages. This lawsuit seeks to recover untimely wage compensation and other damages for similarly situated hourlymanual workers. Affected employees include all member service representatives, fitness trainers, front desk employees, and other similarly situated hourly positions (collectively, “Manual Workers”) who work or have worked as manual workers for PFNY, LLC, PFNY Holdings, LLC, James Innocenti and Jeffrey Inncoenti (collectively, “Planet Fitness”) in New York Statebetween June 5, 2015 and the date of final judgment in this matter.
Despite being Manual Workers Planet Fitness compensated these affected employees on a bi-weekly basis. Over twenty-five percent of these employees’ duties were physical tasks. These tasks included but are not limited to: 1) wiping down equipment; (2) mopping and sweeping floors; (3) moving trash bags; (4) lifting up to 50 pounds; and (5) continued standing and walking during shifts. Defendants further advertised Plaintiff’s to have “physical demands,” including “continual standing and walking during shift” and “be[ing] able to occasionally lift up to 50 lbs.”New York Labor Law (“NYLL”) requires that Manual Workersbe paid their wages within seven calendar days after the end of the week in which those wages were earned. In this regard, Defendants failed to provide timely wages to all similarly situated Manual Workers.
Additionally, Planet Fitness’ Manual Workers in New York were required to work shifts of over ten (10) hours and/or split shifts.If an employee completes over ten hours of work or a split shift in a day, and is paid the applicable minimum wage, they are entitled to spread of hours pay under NYLL. Despite paying Manual Workers in New York the applicable minimum wage and requiring them to work shifts of over ten hours, Defendants failed to provide them with spread of hours pay.
If you’ve worked for a Planet Fitness in the state of New York as a manual worker you may have a claim. If you have any questions about how your rights may be affected in this lawsuit, call us at (212)300-0375 or visit our website for more information.
You can also view the filed complaint here.