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Comptroller Stringer Awards Nearly $1 Million to Immigrant Workers for Prevailing Wages

NYC Comptroller Scott Stringer paid 33 immigrant workers over $900,000 from a settlement involving North American Iron Works Inc. construction firm for failing to pay prevailing wage. Immigrants working for North American Iron Works who were not union employees were being paid $16 per hour instead of the required $42 per hour plus benefits.

North American Iron Works contracted with NYC to build numerous schools in Brooklyn, the Bronx, and Manhattan. An employee of North American brought the issue to the ...

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Second Circuit Issues Great Ruling Regarding Rule 68 Offers of Judgment

In a recent decision, the United States Court of Appeals for the Second Circuit clarified a key question that is becoming more frequent in single plaintiff and class action litigation:  whether a Rule 68 offer of judgment that is not accepted moots a plaintiff’s individual claims to continue their case.  A Rule 68 Offer of Judgment is a procedural tool that allows defendants to offer a plaintiff a specific amount of money (usually the maximum recovery allowed under a statute) ...

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Sushi Samba Lawsuit

On May 13, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Gaucho, LLC; Samba Brands Management; 7th & Barrow LLC; Avenue Spoon Inc.; Shimon Bokova; Danielle Billera; and Matthew Johnson (collectively, “Defendants”) who collectively own and operate the Sushi Samba restaurants in New York City, Miami Beach, Coral Gables, and Las Vegas.  The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, ...

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Governor Cuomo Likely to Raise Wages For Fast Food Workers in New York

Governor Cuomo, frustrated from facing resistance and delays from the legislature in his attempts to raise the minimum wage rate once more, is resolute on making an increase a reality. This Thursday, the Governor will use his authority to direct the labor commissioner to convene a Wage Board and examine the current minimum wage in the fast-food industry. The board is expected to give its recommendations as to what it believes the minimum wage rate in this industry should be ...

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Nail Salons Accused of Rampant Wage Violations, Governor Cuomo Takes Action

The countless nail salons in New York City and surrounding areas, as documented by a recent NY Times article, have recently been placed under the microscope in regards to wage and hour violations and hazardous working conditions.  Several violations have become apparent such as these salons paying its workers way below the minimum hourly wage rate, no overtime pay, not being paid for all hours worked, and often not being paid at all. Last year, the Department of Labor ...

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NY Attorney General Investigating Retailers for Call-in-Pay Violations

The Office of the New York Attorney General has recently announced an investigation into certain employment policies utilized by 13 major retailers, including Gap, Abercrombie & Fitch, Target, J. Crew, Sears, and TJX, that allow them to keep employees on unpredictable “on call” schedules.  “On call shifts” require employees to call in to work a few hours prior to the start of their shift, or sometimes the night before, in order to find out whether or not they need to ...

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F&S Investigating Weight Loss Supplements

We are currently investigating several popular weight-loss and workout supplements labelled to contain the active ingredient acacia rigidula, a shrub native to parts of Mexico and southern Texas.  A recent study analyzing multiple brands of acacia rigidula supplements found that a large percentage of the supposedly “natural” products actually contain the dangerous, lab-made stimulant BMPEA (beta-methylphenylethylamine).  BMPEA is a chemical almost identical to amphetamine, an addictive stimulant that has been linked to many serious health conditions, including high ...

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Chipotle Must Produce Privileged Documents

On March 27, 2015, in the case of Scott v. Chipotle Mexican Grill, Inc., Magistrate Judge Sarah Netburn of the United States District Court for the Southern District of New York granted and denied in part Plaintiffs’ motion to compel production of particular documents in Defendant’s revised privilege log.  The motion was filed on February 24, 2015 by Fitapelli & Schaffer LLP and Outten Golden, LLP on behalf of Plaintiffs, in response to Defendant’s privilege log, provided in discovery, which ...

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TGI Fridays- Defendants’ Motion to Dismiss and Change Venue are Denied.

On March 27, 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 denied Defendants motion to transfer the action to the Northern District of Texas and to partially dismiss Plaintiffs’ FLSA minimum wage claim.  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, ...

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Dinosaur BBQ Lawsuit Filed

On March 26, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Dinosaur Restaurants, LLC, JLN-Store, Inc. f/k/a Dino-Store, Inc., Soros Strategic Partners LP, and John Stage, who collectively own and operated the Dinosaur Bar-B-Que franchise.  This lawsuit is specifically filed on behalf of all servers, bussers, runners, bartenders, and other “Tipped Workers” who work or have worked at the following Dinosaur Bar-B-Que restaurants: the ...

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