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The NY Jets Cheerleaders Score FLSA Settlement

In the last couple of years NFL cheerleaders across the nation have challenged NFL teams to resolve issues of unfair pay and treatment. Following in the footsteps of cheerleaders for the Oakland Raiders, Cincinnati Bengals and Buffalo Bills, the cheerleaders for the New York Jets will finally see a resolution to their fight for better pay. The cheerleaders, also known as the Flight Crew claimed that the Jets violated the FLSA by improperly classifying them as independent contractors ...

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Marina Ice Cream Wage Lawsuit Filed By F&S

On January 28, 2016, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Marina Ice Cream Corp. and Selinger Ice Cream Corp., who together do business as “Marina Ice Cream” in New York City. The lawsuit is filed on behalf of all delivery drivers who work or have worked for Marina Ice Cream Corp. located at 133-14 Jamaica Avenue, Richmond Hill, New York 11418; 424 East ...

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Restaurant Worker Rights: Eliminating Tips Backfires

Is Eliminating Tips a Good Idea?

Last year, a restaurant owner in San Francisco, Thad Vogler, took the initiative to eliminate tipping in both of his restaurants in a search to increase restaurant worker rights. Such a move in the restaurant industry is expected to have a positive impact on its tipped workers as well as back of the house workers. With tips eliminated, wages were set increase to benefit its workers. This pay raise was made possible by ...

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Buffalo Bills Cheerleaders Charge On for Better Wages

Professional cheerleaders for the NFL around the nation are pushing for their rights. Some of these side line entertainers and half time performers for the Buffalo Bills are stepping forward and demanding an increase in wages and better treatment as employees. The main issue in their push for better wages stems from how cheerleaders are categorized by the Buffalo Bills and the NFL in general. It has become common practice in the industry to categorize cheerleaders as independent ...

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Oil and Gas Giant Citgo Settles Unpaid Overtime Claims

Changes to the Industry

There have been recent initiatives from the wage and hour division of the Department of Labor to investigate the oil and gas industry and its compliance to the Fair Labor Standards Act (FLSA). In the last few years, big industry names like Shell Oil Co. and Motiva Enterprises were investigated and held accountable for unpaid overtime and not compensating their workers correctly. In fact, since 2012 the Department of Labor has netted more than $37,000,000 ...

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Sara Lee Pays Up in Discrimination Lawsuit

Dealing with discrimination and harassment in the workplace can be very difficult. However, there has been a recent victory for those fighting against unjust working conditions in the form of a $4,000,000 settlement in a discrimination case against Sara Lee. African American workers of a Sara Lee factory in Paris, Texas rallied together and initiated a lawsuit against the company for what is now heralded a landmark racial discrimination case. The facility in question closed down in 2011 ...

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Gramercy Tavern Sued for Unpaid Wages

Two former tipped workers of the Michelin-starred restaurant Gramercy Tavern are suing owner and restaurant mogul Danny Meyer for unpaid wages. Meyer, who also owns several other restaurants such as Shake Shack, Blue Smoke, Maialino, Jazz Standard, The Modern, North End Grill, and Union Square Café under the parent Company Union Square Hospitality, has been accused of being in violation of federal and state labor laws.

The ex-employees allege that they were not paid correctly and are consequently seeking ...

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Minimum Wage Increase for Fast-food Workers’ is Upheld

Handing down a victory for restaurant worker rights, the decision to increase the minimum wage for fast food workers to $15 an hour in the state of New York has been upheld by a state oversight board. On Wednesday, the New York Industrial Board of Appeals rejected arguments made by the National Restaurant’s Association that claimed the mandate to increase wages was arbitrary and unfair by focusing on national chain restaurants with 30 or more locations.

Earlier this year ...

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Segovia Restaurant Lawsuit Filed by F&S

On November 19, 2015, Fitapelli & Schaffer, LLP and Pechman Law Group PLLC filed a class action lawsuit in the United States District Court for the District of New Jersey against Segovia Steakhouse & Seafood and Segovia Restaurant in Northern New Jersey.  The lawsuit is filed on behalf of all servers, bussers, food runners, and bartenders (collectively “Tipped Workers”) who work or have worked at Segovia Steakhouse & Seafood located at 217 Main Street, Little Ferry, New Jersey 07643 and/or ...

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Papa John’s Franchisee Fails to Pay Employee Wages, Gets Jail Time

On November 16, 2015, New York Attorney General Eric T. Schneiderman issued a press release stating that Abdul Jamil Khokar, a franchisee of nine Papa John’s restaurants in the Bronx,  pled guilty for failing to pay wages under the New York Labor Law (“NYLL”). BMY Foods, Inc., the corporation which owned and operated the Papa John’s franchises with Khokar, pled guilty of falsifying business records. Khokar will serve 60 days in jail, and will pay $230,000 in restitution to his ...

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