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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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Life Protect Lawsuit

On December 19, 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 and operators of “Life Protect”, including all of its present, former, and future direct and indirect parent companies, subsidiaries, affiliates, agents, and other related entities.
Life Protect is a Virginia corporation which claims to provide “quality medical alert systems and services for seniors.” The complaint alleges that Defendant utilizes an automatic ...

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District 12 NYC Lawsuit

On December 19, 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 and operators of “District 12”, a bar and restaurant located at 4892 Broadway, New York, New York 10034 on behalf of all cooks, line cooks, food preparers, dishwashers, and other “Non-Exempt Workers” who have worked there.

The Plaintiff class in this lawsuit submits that they were subjected to widespread policies which violated ...

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Star Staffing/Hornblower Cruises Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit on December 19, 2014, in the United States District Court for the Southern District of New York against the owners of “Stars Staffing Services”, “SPS Resources, Inc.”, “Hornblower Group Inc.”, “Hornblower Yachts, Inc., and “Hornblower New York, LLC” on behalf of all servers, bussers, bartenders, barbacks, and other “Tipped Workers” who have worked for Star Staffing Services (“Star Staffing”), and all Tipped Workers who have worked for Star Hospitality Group at ...

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