Capital One TCPA Settlement

Capital One and 3 other collection agencies have agreed to pay nearly $75.5 million to settle a consolidated class action alleging that Capital One violated the Telephone Consumer Protection Act.  The lawsuit was originally filed on December 10, 2012 in federal court and alleged that Capital One used prerecorded messages and an automated dialer to call customers’ cell phones in connection with an attempt to collect on credit card debt without first receiving prior express consent from the recipients of ...

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New Outside Sales FLSA Decision

In an important decision for the advancement of employee rights under the Fair Labor Standards Act (“FLSA”), on July 30, 2014 the Sixth Circuit held that the Northern District of Ohio erred in granting Defendant KeHE Distributors, LLC (“KeHE”) summary judgment on whether the Plaintiff sales representatives properly fell within the outside-sales-exemption and further erred in excluding from the collective action, employees that had signed agreements to waive their rights to participate in collective actions against KeHE. Killion v. KeHE ...

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Raymour & Flanigan Lawsuit

A class action lawsuit was filed on July 30, 2014 in the Southern District of New York against Raymours Furniture Company, Inc. (“Raymours”) alleges that the furniture chain failed to pay its Sales Associates, Home Furnishing Consultants and other commissioned employees (collectively, “Sale Associates”) overtime wages, commissions, spread-of-hours pay and other damages in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Other affected employees are current and former Sales Associates or similar employees ...

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Vane Line Case Update

On July 25, 2014, Judge Sullivan granted Plaintiffs’ motion to amend the complaint in the Gonyer v. Vane Line Bunkering case pending in the U.S. District Court Southern District of New York. The case was filed on November 23, 2013 against Vane Line Bunkering, a company providing maritime services in New York, Philadelphia, Baltimore, Norfolk, and Charleston.

The case concerns tankermen who worked over 40 hours per week without receiving any overtime compensation. Instead, Plaintiffs only received a day rate as ...

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Lero’s Overtime Lawsuit

On July 30, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the Southern District of New York against Leros Point to Point, Inc. Leros Management, Inc. and its owners John Nyikos, Jeffrey Nyikos, and Christopher Nyikos (collectively “Leros”). The lawsuit alleges that Leros failed to pay its chauffeurs the appropriate overtime compensation as required under the Fair Labor Standards Act and the New York Labor Law. The lawsuit also seeks to recover misappropriated service charges, unpaid commissions, ...

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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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