On April 1, 2016, Fitapelli & Schaffer, LLP, along with Werman Salas P.C., filed a class and collective action lawsuit against P.F. Chang’s China Bistro Inc., owner and operator of the famous P.F. Chang’s restaurant chain. The lawsuit alleged that P.F. Chang’s failed to pay tipped employees the proper minimum and overtime wages to which they were entitled. On November 28, 2016, the law firms asked the Court for Step-One Certification under the Fair Labor Standards Act (“FLSA”), which would ...
Continue Reading →14 NOV
Dealing with a termination can be a difficult task, but when coupled with restrictions set forth by your previous employer stopping you from working for another company, it can be an absolute nightmare. Many workers are often faced with this scenario after having signed a non-compete agreement at the beginning of their employment. The agreement takes effect after the employer-employee relationship has ended, and usually prohibits former employees from working for a competitor for a period of time ...
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The Life Care Centers of America has agreed to pay $145 million in a settlement this past week, including a whistleblower award of $29 million. The company was accused of overbilling government operated healthcare programs for unreasonable and unnecessary therapy sessions. Life Care, which operates more than 220 skilled nursing facilities nationwide, is the country’s largest private nursing home company in the United States. Forrest L. Preston, the owner of Life Care, was accused of knowingly allowing his ...
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Employees at Wells Fargo are now speaking out against the company in regards to unpaid wages. These hourly employees allege that in order to reach the unattainable sales goals set by the company, managers would force them to stay late and make cold calls to customers. This would happen during “call nights” that existed for employees who did not hit their numbers. Branch managers would instruct them to stay after work for an additional hour and have them ...
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Car dealerships are a commonplace for negotiating deals, however, over the last couple of years sales representatives have been realizing they might actually be the ones getting the short end of those transactions. Two former sales representatives at Star Nissan Autogroup, one of the largest privately owned car dealerships of the NY metropolitan area, have brought a lawsuit against the company to try and remedy violations that they allege include failing to pay minimum wage, overtime, agreed upon wages, unlawful ...
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Wells Fargo Ordered to Pay $185 Million
The Consumer Financial Protection Bureau recently caught Wells Fargo setting up more than 2 million fake accounts that its customers hadn’t asked for in order to try and reach product sales goals. After being fined $185 Million, Wells Fargo has responded by firing 5,300 employees who are believed to have opened these phantom accounts. They have also removed the unrealistic product sales goals for retail bankers in attempt to prove to its customers ...
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Even without the violation of any wage laws, we can agree that restaurant workers don’t have it easy. When these wage laws are broken, hard working employees are further exploited, at times causing their wages to sink below minimum wage. Luckily, there are laws set in place, like the Fair Labor Standards Act (FLSA), which help deter some of these work place violations. Recently, a class action lawsuit was brought against Granite City Food and Brewery by Fitapelli & Schaffer, ...
Continue Reading →24 AUG
Saving for your future is what “they” tell you to do. So when your place of employment sets you up in a retirement savings plan, the assumption is that the 401(k) plan is there to benefit you. However, lately, individuals at even the most prestigious companies have been finding out that may not be the case. Insurance and investment companies as well as top notch universities are being accused of misleading their employees into investments as well as ...
Continue Reading →12 AUG
Telemarketing calls or spam calls as we call them, have been invading our homes, interrupting our dinners and blowing up our cell phones for decades now. As smart phones, computers and tablet devices have grown in popularity, telemarketing communications have increased at an astronomical rate. However, most of these telemarketing communications are unwelcome leaving us to wonder the best way to stop them. Luckily, under the Telephone Consumer Protection Act (“TCPA”), recipients of unsolicited calls, texts, or faxes have protection ...
Continue Reading →11 AUG
In the last couple of years there has been an explosion in filming throughout New York City almost daily. Crew members like production assistants can be seen running around, helping shut down traffic or detour pedestrians. They weave through the city streets exasperated on coffee runs or scramble around with walkie talkies in hand. As staples to the industry, these assistants have always worked long arduous hours for next to nothing. For decades it had been custom for production assistants ...
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