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PETCO Groomers Lawsuit

On December 18, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Petco Animal Supplies Stores, Inc. (“Petco”) on behalf of all pet stylists, groomers, and bathers who have worked at any Petco location nationwide.
The lawsuit alleges that Petco has instituted widespread unlawful policies which burden the rights of their employees and are in violation of the Fair Labor Standards Act (“FLSA”), in addition ...

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Russian Tea Room Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners of “The Russian Tea Room”, located at 150 W. 57th Street, New York, New York 10019 on behalf of all servers, bussers, runners, baristas, bartenders, barbacks, and other “Tipped Workers” who have worked there.
The lawsuit alleges that the owners of this restaurant have instituted widespread policies which violate the Fair Labor Standards Act (“FLSA”) ...

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Supreme Court Decides Employee Security Screenings Can Be Unpaid

On December 9, 2014, the Supreme Court of the United States found in the case of Integrity Staffing Solutions Inc. v. Busk that warehouse employees were not entitled to compensation under the FLSA for the 25 minutes they spent at work each day waiting to undergo and undergoing security screenings. The case was initially brought before a district court, where it was dismissed for failure to state a claim. However, on appeal, the U.S. Court of Appeals for the 9th ...

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Palm Steakhouse Lawsuit

On November 19, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners of “The Palm” restaurants, including New York locations such as: “The Palm” located at 250 West 50th Street; “The Palm” located at 837 Second Avenue; “The Palm Too” located at 840 Second Avenue; “The Palm Restaurant” located at 206 West Street; “The Palm Restaurant at Huntting Inn” located at 94 Main ...

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Souen Restaurant Lawsuit

On November 19, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners of Souen Soho, Souen Noodle, and Souen 13 (the “Souen Restaurants”) on behalf of all food preparers, salad preparers, dishwashers, pantry workers, food packagers, servers, bussers, delivery persons, and other “Non-Exempt workers” who have worked at these restaurants.

The lawsuit alleges that the owners of these restaurants have instituted widespread unlawful policies ...

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Exotic Dancers win over $10 Million in Wage Case

Recently, a class action lawsuit filed in 2009 against the Midtown strip club Rick’s Cabaret has resulted in the return of over $10 million dollars in back wages to the club’s current and former dancers and entertainers. Rick’s Cabaret instituted a policy by which it refused to pay its dancers and entertainers any wages whatsoever, and even charged its dancers $60 per shift. Rick’s Cabaret also collected 2 of every 20 “Dance Dollars” that dancers received through credit card payments ...

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Tolani Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against the owners of “Tolani”, located at 410 Amsterdam Avenue, New York, NY 10024, on behalf of all bartenders, barbacks, servers, bussers, runners, line cooks, food preparers, dishwashers, and other “Non-Exempt Workers” who have worked there.

The lawsuit alleges that the owners of this restaurant have instituted widespread policies in violation of the Fair Labor ...

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Sidebar/Littletown Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against the owners of “SideBAR”, the Union Square location of “Little Town”, “Village Pourhouse”,“Hudson Terrace”, “Tres Carnes”, and “House of ‘Que” (the “Defendants”), on behalf of all servers, bussers, runners, bartenders, barbacks, and other “tipped workers” who have worked at either of these locations.

The lawsuit alleges that the owners of these restaurants have instituted ...

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Mexican Radio Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against Mexican Radio Corp., the owners of the “Mexican Radio” restaurants located at 19 Cleveland Place, New York, NY 10012 and 537 Warren Street, Hudson, NY 12543 (collectively, the “Mexican Radio Restaurants”), on behalf of all servers, bartenders, runners, supervisors, and other “tipped workers” who have worked at either of these locations.

The lawsuit alleges ...

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Hart v. Crab Addison- New 20% Sidework Decision

Recently, the United States District Court for the Western District of New York denied Defendant Crab Addison, Inc.’s (“Crab Addison”) motion to dismiss a Plaintiff class’s minimum-wage claim under the Fair Labor Standards Act (“FLSA”) alleging that Defendants paid the Plaintiff class less than the full required minimum wage pursuant to a “tip credit”, while having them spend a significant amount of time performing non-tipped duties. In its prior decision, the Court granted Defendant’s motion to dismiss the FLSA minimum-wage ...

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