The popular casual dining and sports bar franchise, Buffalo Wild Wings, is being sued by two former tipped workers for unpaid wages. The plaintiffs, represented by Fitapelli & Schaffer, LLP, allege that Buffalo Wild Wings failed to pay the proper minimum wage and overtime to servers, bussers, bartenders, and other tipped workers as required by the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Additionally, the class action lawsuit seeks to recover damages for uniform-related expenses, ...Continue Reading →
Understanding what you are entitled to receive with regards to your vacation pay is very important especially when it comes to leaving your place of employment. In that regard, laws vary greatly from state to state. For example, in Illinois under the Wage Payment and Collection Act, you have rights as an employee if you’ve been provided with paid vacation. Generally speaking, you must be paid by your employer for any unused vacation days you have left at the end ...Continue Reading →
Delivery drivers are often faced with unfortunate working conditions such as bad weather, no tips, deadlines, ungrateful customers, and unsafe neighborhoods. However, many drivers do not realize that they may also be getting taken advantage of by their own employers. On February 5th, 2016, a class action FLSA lawsuit was filed by Fitapelli & Schaffer against Domino’s franchises and subsidiary owners MSK Management, LLC and Mohammad S. Khan. The lawsuit is filed on behalf of all delivery drivers who work ...Continue Reading →
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 ...Continue Reading →
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 ...Continue Reading →
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 ...Continue Reading →
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 ...Continue Reading →
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 ...Continue Reading →
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 ...Continue Reading →
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 ...Continue Reading →