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$2.6 MIllion TCPA Settlement in New Jersey

On July 17, 2014, a federal judge in the case, Bais Yaakov of Spring Valley v. Peterson’s Nelnet, LLC, preliminarily approved a $2.6 million settlement regarding claims against Peterson’s Nelnet LLC, a college and career planning company.  The lawsuit was filed on January 3, 2011 in the United States District Court of New Jersey and alleged that Peterson’s Nelnet LLC violated the Telephone Consumer Protection Act (“TCPA”) by sending out more than 10,000 unsolicited and solicited fax advertisements ...

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Black Door and Park Bar Lawsuit

On July 23, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit against Roughlock LLC d/b/a Black Door and Steeplechase, Inc. d/b/a as Park Bar (collectively, the “Defendants” or the “Bars”) alleging that that Defendants failed to pay bartenders the proper minimum wages, overtime pay, and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Additionally, the suit seeks to recover damages related to unlawful wage deductions, misappropriated gratuities, failure ...

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Barnes & Noble Loses Summary Judgment Motion in Assistant Manager Overtime Case

Barnes & Noble was denied summary judgment in Trimmer v Barnes & Noble, Inc. The plaintiffs in this case are Assistant Store Managers (“ASM”) who worked for Barnes and Noble and allege that they were misclassified as exempt employees and denied overtime wages in violation of the FLSA.  In its motion for summary judgment, Barnes & Noble argued that the evidence in the record was sufficient to show that plaintiffs were properly classified under the executive and administrative exemptions.

The Court ...

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Good NYC Human Rights Law Pregnancy Decision

On June 24, 2013, Plaintiff Katherine Albin filed suit against her employer Thomas Pink, Inc., her employer’s parent company LVMH Moet Louis Vuitton and two senior managers, alleging that she failed to receive a promotion at work due to discrimination against her on the basis of a recent pregnancy. Plaintiff’s claims under Title VII of the Civil Rights Act of 1964, New York State Executive Law and New York City Human Rights law arose after Plaintiff returned from a three ...

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Pennsylvania Court Holds Employees Must Have Direct Customer Interaction to Participate in a Tip Pool under the Fair Labor Standards Act

In a case of first impression in the Third Circuit, a Middle District of Pennsylvania Court held that expediters at the Red Robin restaurant chain did not fall within the definition of “tipped employees” under the Fair Labor Standards Act (“FLSA”). Ford v. Lehigh Valley Restaurant Group, Inc., No. 14-cv-227.  The case revolves around the interpretation of 29 U.S.C. § 203(m), which allows “the pooling of tips among employees who customarily and regularly receive tips.”  Defendant Red Robin instituted a ...

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Century 21 Background Check Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit against Century 21 Department Stores, nationwide, on July 7, 2014.  The lawsuit alleges that Century 21 failed to properly notify and receive proper authorization from employees and job applicants before it conducted a background check on them as required under the Fair Credit Reporting Act (“FCRA”).  The lawsuit also alleges that Century 21 violated the FCRA by failing to provide the proper notification to the employee or job applicant before it ...

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Lawsuit against Costco and Popcorners for Unpaid Wages

On July 7, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit against Costco Wholesale Corporation and the owners/operators of PopCorners, a brand of “all natural” popped corn chip products.  The lawsuit alleges that the defendants failed to compensate Sales Representatives of PopCorners overtime pay.  The plaintiff alleges that he would be required to hand out free samples in a specific Costco location and be required to work from open to close of the store.  As a result of ...

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Chipotle Case Update

On July 2, 2014, the Court granted plaintiffs’ motion for leave to amend the Complaint. The complaint alleges that Chipotle Mexican Grill violated the Fair Labor Standards Act, New York Labor Laws, and other supporting New York State Department of Labor regulations by misclassifying its employees in order to avoid paying them overtime compensation. According to the complaint, “Apprentices” spent the majority of their shift completing non-exempt duties such as working on the assembly line, filling orders, grilling food, and ...

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Moonstruck Diner Case Update

On October 2, 2013, Fitapelli & Schaffer, LLP filed a lawsuit alleging that Defendants Moonstruck Diners failed to pay non-exempt workers the proper minimum wage rate, overtime pay and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law.

On July 2, 2014 the Court granted Plaintiff’s Motion for an Order Granting Class Certification, Court Authorization and Expedited Discovery pursuant to 29 U.S.C. § 216(b) and denied Defendants’ Cross-Motion for Judgment on the Pleadings ...

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Census Class Certification

A major decision was reached on July 1, 2014 in the Houser v Pritzker case pending in the U.S. District Court Southern District of New York. The case was filed on April 13, 2010 against the Census Bureau, an agency of the United States Department of Commerce that is charged with conducting a population and housing census every ten years.

The case concerns a class of African American and Latino plaintiffs who underwent criminal background checks as part of their job ...

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