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Red Rabbit Wage Lawsuit

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 ...

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Physician Assistants Wage Lawsuit

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 ...

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Smart Circle Wage Lawsuit

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 ...

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Lawsuit Filed after Domino’s is Accused of Underpaying its Workers

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 ...

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More Overtime Pay for Millions after New Rule

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 ...

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Lowe’s Resolves Disability Discrimination Claims Paying Workers $8.6 M

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 ...

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FLSA Lawsuit Filed Against Cross City Construction

Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which, as argued by a recent lawsuit against Cross City Construction, would entitle them to receive overtime pay when working over 40 hours per week. Cross City Construction, a construction contractor who operates at several sites throughout New York City, was hit with a class action FLSA lawsuit on Wednesday, May 10, 2016. Fitapelli & Schaffer, LLP is ...

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Transgender Employee Discriminated Against by Whole Foods

Having to deal with constant workplace harassment day in and day out, can be mentally and physically taxing to say the least. When starting out at any job, one always hopes for a pleasant and work conducive environment. When Victor Alexander King started working at Whole Foods, a leading gourmet supermarket nationally and internationally, he probably never believed he would have been discriminated and harassed so intensely due to being transgender. One of Whole Foods mission statements is ...

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Target Warehouse Workers Start Class Action for Unpaid Wages

Target warehouse workers in New York, specifically “Group Leaders”, have started a class action lawsuit against the retail giant claiming that they didn’t compensate them for all hours worked. They allege that they were misclassified as exempt and were not paid for their overtime hours. The lawsuit claims that they worked 48-54 hours per week, not including the hour and a half long meetings they periodically attended as well as continuing to work once at home emailing supervisors ...

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FLSA Lawsuit Filed Against Steak ‘n Shake

Steak ‘n Shake,  a casual chain restaurant with over 500 locations in 29 states, has been hit with a collective action FLSA lawsuit on Wednesday, April 27, 2016. Fitapelli & Schaffer, LLP is representing the class that includes servers, bussers and runners who work or have worked for Steak ‘n Shake Operations, Inc. in the United States.  This lawsuit is filed on behalf of all servers, bussers, and runners who work or have worked at Steak ‘n Shake restaurants owned ...

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