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Great Second Circuit Ruling re Class Actions

A recent summary order issued by the United States Court of Appeals for the Second Circuit in the case of Jacob v. Duane Reade, Inc. affirmed the District Court’s holding that the lawsuit, pertaining to a class of misclassified Assistant Store Managers, meets the requirements for class certification, at least in regards to questions of liability.  The Plaintiff class consists of Assistant Store Managers at New York Duane Reade locations who believe that they have been misclassified by their employer ...

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Herbal Supplement Investigation

The New York State Attorney General’s Office has recently sent out Cease and Desist Notifications to GNC, Target, Walgreens and Walmart, alleging their herbal supplements fail to contain the advertised ingredients.

Fitapelli & Schaffer is interested in filing a class action against these large companies for their false and misleading labeling.  Below is a list of affected products:

GNC
Gingko Biloba, St. Johns Wort, Ginseng, Echinacea, and Saw Palmetto
Target
Gingko Biloba, St. John’s Wort, and Valerian Root
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Anthem Insurance Data Breach

Anthem Inc., the country’s second-largest health insurer, operating under numerous brands such as Anthem Blue Cross, Anthem Blue Cross and Blue Shield, and Empire Blue Cross and Blue Shield, has recently fell victim to a devastating and large scale “sophisticated external cyberattack.”  The real victims, however, are the 80 million Anthem customers who may have had crucial private information, such as names, Social Security numbers, street addresses, birthdays, addresses, email and employment information, and employment data, accessed and retrieved by ...

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Former State Assemblyman Vito Lopez Settles Sexual Harassment Case

A sexual harassment claim filed on behalf of two female former Assembly employees, Victoria Burhans and Chloe Rivera, against their employer, former New York State Assemblyman Vito Lopez, has recently resulted in a tentative settlement agreement (pending approval by state officials) which will see both the state and Lopez himself paying out significant damages.  Specifically, the settlement awards Plaintiffs a total of $580,000 in damages, with $545,000 of that being paid by the state and $45,000 being paid by Lopez.  ...

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Plaintiffs Win Nationwide Conditional Certification in TGI Fridays Case

On January 20, 2015, in the case of Flood v. Carlson Restaurants Inc., Judge Analisa Torres of the United States District Court for the Southern District of New York granted Plaintiffs’ motion for a nationwide conditional collective action certification, court-authorized notice, and expedited discovery.  Plaintiffs originally commenced this action on April 17, 2014, on behalf of themselves and all similarly situated current and former tipped workers – including servers, bussers, runners, bartenders, barbacks, and hosts – employed at T.G.I. Friday’s ...

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Avis Loses Motion to Decertify FLSA Collective

Recently, a Magistrate Judge for the United States District Court Eastern District of New York denied Defendants’ motion for class decertification in the case of Ravenell v. Avis Budget Car Rental, LLC. Plaintiffs, shift managers employed by “Avis Rent a Car”, filed a collective action lawsuit to challenge their classification as exempt under the FLSA administrative and executive exemption, and to recover overtime compensation. While the class was previously conditionally certified as a collective action, Defendants sought to seek decertification ...

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NY Labor Law Changes in 2015

As of December 29, 2014, a new bill has been signed into law amending various aspects of the New York Labor Law (“NYLL”). This includes various changes to the Wage Theft Prevention Act (“WTPA”), and how the NYLL interacts with limited liability companies, contractors, and successor employers. One of the major components of the new bill is the repeal of the WTPA’s annual wage notice requirement. Outside of the hospitality industry, which must still issue new pay notices to their ...

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FLSA Proposed Revisions

Looming revisions to the Fair Labor Standards Act (“FLSA”) are likely to make millions of previously exempt American workers eligible for overtime pay and other protections provided by the FLSA. While there has been no official proposal released as of yet, an executive action issued in 2014 is likely to lead to revisions of certain FLSA criteria and standards which have remained mostly stagnant since as far back as 2004. Specifically, analysts and policy makers expect significant changes to the ...

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Katzman Produce Case

On January 5, 2015, Fitapelli & Schaffer, LLP filed a collective action complaint in the United States District Court for the Southern District of New York against the owners and operators of “S. Katzman Produce”, a produce wholesaler located in the New York City Terminal Market at Hunts Point in the Bronx, on behalf of all foremen and other “Non-Exempt Workers” who have worked there.

Plaintiffs in this lawsuit submit that they were subjected to widespread, repeated, and consistent practices which ...

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Cheetahs Gentleman’s Club Lawsuit

On December 24, 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 “Cheetahs Gentlemen’s Club & Restaurant” (“Cheetahs”), located at 252 West 43rd Street, New York, New York 10036 on behalf of all exotic dancers who have worked there.
The lawsuit alleges that the owners of Cheetahs have instituted widespread unlawful policies in violation of the Fair Labor Standards Act (“FLSA”) and ...

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