Whether you’re for it, or against it, the Affordable Health Care Act, also known as Obamacare, has officially been in full effect for a little over a year now. This health care law requires that employers, whose business employs 50 or more full time employees, must offer its workers health insurance or face penalties that can exceed $2,000 per employee. Eligible workers must work at least 30 hours per week for the company in order to be entitled ...Continue Reading →
Bank of America, the second largest national bank, has settled a class action overtime lawsuit for $14,000,000. The lawsuit alleged the bank failed to pay its Financial Advisor Trainees in the Merrill Lynch unit their overtime pay. The trainees claim they were working 60 hours or more per week and were not compensated at time and a half what their hourly rate would be for overtime.
Approximately 9,500 trainees nationwide will be benefiting from this settlement if approved by the court. ...Continue Reading →
An oil-field services company, SandRidge Energy Corp. has agreed to pay up to almost $5 million to settle an FLSA lawsuit alleging unpaid overtime and owed wages. Sixteen employees rallied together in a class action lawsuit filed back in July 2013. They believed the company was shortchanging them on their hours worked and ultimately did not pay them for their overtime hours allegedly violating provisions of the Fair Labor Standards Act (FLSA).
Like many other workers in this industry ...Continue Reading →
Last year in June of 2015, 51-year-old Tracy Quitasol filed a wrongful termination case against the online and news print mogul, The New York Times. Quitasol was terminated after complaining about the repeated sexist behavior of a male subordinate and also believes her dismissal was part of a larger purge by her boss. The lawsuit alleges that a top Times executive eliminated several dozen older workers of color and replaced them with mostly white employees under the age ...Continue Reading →
The popular casual dining and sports bar franchise, Buffalo Wild Wings, is being sued by two former tipped workers for unpaid wages. The plaintiffs, represented by Fitapelli & Schaffer, LLP, allege that Buffalo Wild Wings failed to pay the proper minimum wage and overtime to servers, bussers, bartenders, and other tipped workers as required by the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Additionally, the class action lawsuit seeks to recover damages for uniform-related expenses, ...Continue Reading →
Understanding what you are entitled to receive with regards to your vacation pay is very important especially when it comes to leaving your place of employment. In that regard, laws vary greatly from state to state. For example, in Illinois under the Wage Payment and Collection Act, you have rights as an employee if you’ve been provided with paid vacation. Generally speaking, you must be paid by your employer for any unused vacation days you have left at the end ...Continue Reading →
Delivery drivers are often faced with unfortunate working conditions such as bad weather, no tips, deadlines, ungrateful customers, and unsafe neighborhoods. However, many drivers do not realize that they may also be getting taken advantage of by their own employers. On February 5th, 2016, a class action FLSA lawsuit was filed by Fitapelli & Schaffer against Domino’s franchises and subsidiary owners MSK Management, LLC and Mohammad S. Khan. The lawsuit is filed on behalf of all delivery drivers who work ...Continue Reading →
In the last couple of years NFL cheerleaders across the nation have challenged NFL teams to resolve issues of unfair pay and treatment. Following in the footsteps of cheerleaders for the Oakland Raiders, Cincinnati Bengals and Buffalo Bills, the cheerleaders for the New York Jets will finally see a resolution to their fight for better pay. The cheerleaders, also known as the Flight Crew claimed that the Jets violated the FLSA by improperly classifying them as independent contractors ...Continue Reading →
On January 28, 2016, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Marina Ice Cream Corp. and Selinger Ice Cream Corp., who together do business as “Marina Ice Cream” in New York City. The lawsuit is filed on behalf of all delivery drivers who work or have worked for Marina Ice Cream Corp. located at 133-14 Jamaica Avenue, Richmond Hill, New York 11418; 424 East ...Continue Reading →
Is Eliminating Tips a Good Idea?
Last year, a restaurant owner in San Francisco, Thad Vogler, took the initiative to eliminate tipping in both of his restaurants in a search to increase restaurant worker rights. Such a move in the restaurant industry is expected to have a positive impact on its tipped workers as well as back of the house workers. With tips eliminated, wages were set increase to benefit its workers. This pay raise was made possible by ...Continue Reading →