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Wage Theft in the United States

 

An “Invisible Epidemic”: U.S. Employers Stealing Employees’ Wages at an Alarming Rate

Alternet.org recently published an article regarding wage theft, and the alarming rate at which workers in America – especially low wage workers – are being “robbed” by what most would consider an unlikely thief: their employer. 

In the face of globalization and an economy in recession, thousands of businesses have set their sights on workers ...

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Supreme Court Genesis Decision Rule 68

 

Genesis Healthcare Corp. v. Laura Symczyk, No. 11-1059, — S.Ct. –, 2013 WL 1567370 (Apr. 16, 2013)

The U.S. Supreme Court’s (“Supreme Court”) ruling in Genesis, didn’t address the ultimate question of whether an unaccepted offer to make the named plaintiff whole can moot the individual Fair ...

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NYC Sexual Harassment Lawyers

 

A former associate of Faruqi & Faruqi, a Wall Street plaintiffs’ law firm, filed a sexual harassment lawsuit against one of the partners of the firm, Juan Monteverde.  The former associate, Alexandra Marchuk, accused Monteverde of relentlessly harassing her the night of the office holiday party, then pushed her to the floor and “quickly, forcefully, and painfully had sex with her.”  After the incident, Alexandra ...

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Supreme Court Comcast Case

 

Comcast Corp. v. Behrend, No. 11-864, 2013 WL 1222646 (Mar. 27, 2013)

In a 5-4 decision, the Supreme Court of the United States overturned the lower courts’ rulings to grant class certification for the plaintiffs’ antitrust claims.  Although this case dealt with antitrust violations, Defense Attorneys will ...

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Wanrong Trading Corp. Lawsuit

Stamped Complaint 13-1727 (FB)(RML)

 

On April 1, 2013, Fitapelli & Schaffer filed a class and collective action lawsuit against Wanrong Trading Corp. (“Wanrong”) for failing to pay overtime wages for hours worked over 40 per workweek.  According to the lawsuit, Wanrong misclassified its employees as exempt from overtime provisions of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  In order to minimize labor costs, Wanrong, a meat processing ...

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SUCCESSOR LIABILITY UNDER THE FLSA

 

Teed v. Thomas & Betts Power Solutions, LLC, Nos. 12-2440, 12-3029, 2013 WL 1197861 (7th Cir. March 26, 2013)

A federal appellate court agreed with the lower court to apply the doctrine of successor liability to cases dealing with violations of the Fair Labor Standards Act (“FLSA”).  ...

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MANHATTAN CLUBS CHARGING HIDDEN FEES

As reported in today’s New York Post, Nightclubs in NYC are being investigated for charging customers 20% to 25% in addition to the menu prices.  This practice may be illegal, as tipped employees, such as waiters, bartenders and cocktail servers may be entitled to the surcharge if there is no explanation, as the customer would believe the fee is a gratuity.  Fitapelli & Schaffer is currently involved in a lawsuit against Provocateur in the Gansevoort Hotel regarding this exact issue.  ...

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NYC PASSES LAW REGARDING UNEMPLOYMENT DISCRIMINATION

On March 13, 2013, the New York City Council passed new legislation (814-A), that will prohibit employers from basing employment decisions on a job applicant’s unemployed status and prohibit employers from posting in job advertisements that current employment is a job requirement or that unemployed applicants should not apply.  The law is set to take effect on June 11, 2013.

Under the new legislation, an employer, with at least four employees, cannot base a hiring decision of a job applicant on ...

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GOOD DECISION REGARDING THE EXECUTIVE EXEMPTION FROM THE SOUTHERN DISTRICT OF NEW YORK

Martinez v. Hilton Hotels Corp., No. 10 Civ. 7688(JLC), 2013 WL 1087211 (S.D.N.Y. March 15, 2013).

The Court denied the defendants’ (the employers) motions for summary judgment.  The defendants tried to get the case dismissed by arguing that the plaintiffs (the employees) qualified for the executive exemption making them not entitled to overtime.  The defendants also tried to have the court calculate overtime damages using the fluctuating work week method.

The plaintiffs were housekeeping managers and assistant housekeeping managers who worked at ...

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