In the last couple of years there has been an explosion in filming throughout New York City almost daily. Crew members like production assistants can be seen running around, helping shut down traffic or detour pedestrians. They weave through the city streets exasperated on coffee runs or scramble around with walkie talkies in hand. As staples to the industry, these assistants have always worked long arduous hours for next to nothing. For decades it had been custom for production assistants ...Continue Reading →
Misclassifying the FLSA Status
A dirty secret in the employment world is that there are very few true independent contractors. That being said, legitimate employees have a number of rights and protections under the law. As an employee, many aspects of your daily work are dictated by the company like your schedule and terms of payment. Generally speaking, employees have more benefits, such as overtime pay and sick days. Independent contractors on the other hand, have fewer benefits and must ...Continue Reading →
Fitapelli & Schaffer, LLP is investigating claims against New York car dealerships. After successfully resolving a multi-million dollar unpaid wage case against The Major Automotive Companies, one of New York’s largest dealerships, our firm has found that the car dealership industry is riddled with many of the same violations. These wage violations deprive sales representatives of lawfully earned commissions and wages.
Many sales representatives for car dealerships often work long hours and are underpaid. For instance, dealerships often fail to provide ...Continue Reading →
On Thursday, July 07, 2016, Fitapelli & Schaffer LLP filed a class action wage lawsuit against Rosa Mexicana, a Michelin rated restaurant serving upscale Mexican inspired dishes with 17 locations worldwide. This lawsuit seeks to recover minimum wages, overtime pay, call-in pay, and other wages for Plaintiffs and their similarly situated co-workers – servers, bussers, bartenders, food runners, barbacks and other “tipped workers” – who work or have worked at Rosa Mexicano restaurants nationwide with the exception of Rosa Mexicano ...Continue Reading →
On Tuesday, June 7, 2016, Fitapelli & Schaffer, LLP filed a class action wage lawsuit against Red Rabbit, a business that focuses on the preparation of healthy school meals for over 150 schools in the New York City area. Despite the company’s positive initiative to offer healthier food options to NYC school kids, it seems as though they are doing it at the expense of its hard working employees. This wage lawsuit, which represents cooks, food buyers, porters and other ...Continue Reading →
On Tuesday, May 31, 2016, Fitapelli & Schaffer, LLP filed a class and collective wage lawsuit against Dwell Family Doctors (Dwell) and Throggs Neck Walk-In Medical Care, P.C. (Throggs Neck), urgent care medical services providers that operate many emergency walk in clinics in the greater New York City area. The lawsuit also affects the following companies: Urgent Care of Westchester, First Choice Walk-In Urgent Care, Nassau South Urgent Care, and Walk-In Medical, Urgent Care. The wage lawsuit represents physician assistants ...Continue Reading →
On Friday, May 20, 2016, Fitapelli & Schaffer, LLP along with Nichols Kaster, LLP filed a class action wage lawsuit against Smart Circle, an outsource service company and “a worldwide leader” in providing successful sales and marketing solutions for nationally-recognized brands as well as regional and local businesses. The lawsuit represents field agents working for Smart Circle who assert they were wrongfully misclassified as independent contractors keeping them from receiving the minimum wage and overtime pay they deserved under the ...Continue Reading →
On Tuesday, the New York Attorney General filed a lawsuit against Domino’s Pizza, the world’s second largest pizzeria chain, claiming the company failed to pay its employees in accordance with the law. The lawsuit alleges that pizza makers and pizza delivery drivers were underpaid in several New York franchise stores. With well over 12,000 store locations around the world, franchised stores make up about 97% of all locations. Even though the majority of these locations are franchises, it ...Continue Reading →
On May 18, 2016, after more than two years in the making, Obama’s administration has finally unveiled a final ruling effectively changing overtime eligibility under the nation’s Fair Labor Standards Act. The overtime salary threshold has doubled from $23,660 to $47,476 allowing millions of once exempt Americans to qualify for overtime pay. This regulation, effective on December 1, 2016, will hopefully allow hard working employees tallying more than 40 hours a week pay for overtime at time-and-a-half what ...Continue Reading →
Lowe’s, one of the largest home improvement retailers in the country, settled an $8.6 million lawsuit that alleged wrongful termination due to disability discrimination. A lawsuit was brought by three former employees alongside the Equal Opportunity Commission (EEOC) representing all workers who had taken a medical leave for more than the allowable time off by the company and subsequently fired because of it. The lawsuit alleged Lowe’s violated the Americans with Disabilities Act.
This case was resolved this past ...Continue Reading →