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New 1st Circuit Tip Credit Decision

In a recent decision, on October 1, 2014, the United States Court of Appeals for the First Circuit affirmed the District Court of Puerto Rico’s decision granting summary judgment for the Secretary of the Department of Labor (“DOL”), against Lorraine Enterprises, Inc. d/b/a Piccolo E Posto, Lorraine Lago, and Pedro Gonzalez (collectively, “Defendants”), and denied Defendants motion to amend or alter that judgment. Perez v. Lorraine Enterprises, Inc., d/b/a Piccolo E Posto, et al., Nos. 13-1685 (1st Cir., Oct. 1, ...

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AT&T $45 Million TCPA Settlement

On September 30, 2014, Defendant AT&T Mobility LLC just filed a joint motion with Plaintiffs asking the U.S. District Judge to approve the proposed settlement of $45 million to resolve a proposed class action lawsuit that alleges violations under the Telephone Consumer Protection Act (“TCPA”). The First Amended Complaint, which was filed on June 5, 2013, alleged that AT&T Mobility LLC violated the TCPA by placing calls using an automated telephone dialing system or a prerecorded voice message to cellular ...

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NYC Living Wage Bill Signed by Mayor DiBlasio

On September 30, 2014, Mayor Bill de Blasio signed an executive order increasing New York City’s workers wages which takes effect immediately.  The Order expands the New York City’s Fair Wages for New Yorkers Act, raising the Living Wage from $11.90 to $13.13 per hour – and likely to reach $15.22 per hour by the year 2019.  The $13.13 per hour is the Living Wage without benefits or $11.50 per hour with benefits (up from $11.90 and $10.30, respectively).

This Order ...

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Class Certification Granted Against Allstate

In a recent decision, on September 16, 2014, the Eastern District of New York granted Plaintiffs’, personal injury protection and medical payments claims adjusters (“adjusters”), motion for class certification of their New York Labor Law (“NYLL”) claims pursuant to Federal Rule of Civil Procedure 23, while denying Defendant’s, Allstate Insurance Company, motion to decertify the Fair Labor Standards Act (“FLSA”) collective.  Perez v. Allstate Insurance Co., Nos.11 -1812 (E.D.N.Y. Sept. 16, 2014).

The Court pointed to testimonial and documentary evidence to ...

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On August 11, 2014, a former delivery driver filed a lawsuit in NY Federal Court against Pizza Hut, his former employer, seeking to recover for unpaid gratuities, overtime pay, liquidated damages, and attorneys’ fees and costs.  The delivery driver is claiming that he is entitled to the $2.75 “Delivery Fee” that Pizza Hut charged its customers for deliveries. He is alleging that this “Delivery Fee” was believed to be a service charge paid to the delivery driver by the customers; ...

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Tribeca Pediatrics Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit on September 18, 2014, in the United States District Court for the Southern District of New York against Tribeca Pediatrics, PLLC and Tribeca Healthcare Management Company, LLC (collectively, “Tribeca”) on behalf of all call center representatives and medical billers (collectively, “Non-Exempt Workers”) who work or have worked at any of the Tribeca offices located in New York, including 46 Warren Street, New York, NY 10007, New Jersey, or California.  The lawsuit ...

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Tennis Referees are Independent Contractors, not Employees

In an important decision for the advancement of employee rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”), on September 11, 2014, the Southern District of New York granted Defendant United States Tennis Association’s summary judgment motion finding that the Plaintiff umpires at the US Open were independent contractors rather than employees.  Meyer v. United States Tennis Association, Nos.11 -06268 (S.D.N.Y. Sept. 11, 2014).

On April 25, 2013, the Court granted Plaintiffs’ Motion for Class ...

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FLSA Decertification Denied in Southern District of NY

On August 25, 2014, the Southern District of New York granted Plaintiffs’, plumbers, request for final certification and motion for partial summary judgment while denying Defendants Contract Callers, Inc., Michael Maguire, and William “Tim” Wertz’s motion to decertify the conditionally certified collective action and motion for summary judgment.  McGlone v. Contract Callers, Inc., Nos.11 -3004 (S.D.N.Y. Aug. 25, 2014).

Defendants entered into a contract with the New York City Department of Environmental Protection (“DEP”) to install water meters and associated devices ...

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Jacques NYC Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit on August 22, 2014, in the United States District Court for the Southern District of New York against Jacques Restaurant Group on behalf of all line cooks, food preparers, dishwashers, servers, bussers, runners, bartenders, and cooks (“Restaurant Workers”) who work or have worked at Jacques Brasserie located at 204 East 85th Street, New York, New York, Jacques 1534 located at 20 Prince Street, New York, New York, or The Pitch & ...

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Cafe Espanol Lawsuit

On August 22, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the corporate entities doing business as the Café Español restaurants located at 78 Carmine Street and 172 Bleecker Street in New York (collectively, “Café Español”).  The lawsuit alleges that despite working over 40 hours per week, cooks, food preparers, dishwashers, and kitchen helpers are only paid a fixed weekly salary and not time ...

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