American Eagle TCPA Lawsuit Moves Forward for $14.5M

On April 30, 2019, in the case of Melito v. American Eagle Outfitters, Inc et al. Circuit Judges Hall and Lynch as well as District Judge Englemayer of the United States Court of Appeals for the Second Circuit dismissed Experian Marketing Solutions, Inc.’s (“Experian”) appeal and otherwise affirmed the judgment of the district court to settle the American Eagle Telephone Consumer Protection Act (“TCPA”) lawsuit for $14.5 million.

This TCPA lawsuit affected individuals who received text messages with ...

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Equinox’s Pure Yoga Sued for Sexual Harassment

A New York City woman alleges she was physically accosted at an Upper West Side yoga class she attended at Pure Yoga. Melissa Hurley, a longtime member of Pure Yoga, claims she was groped and inappropriately touched several times by Pure Yoga’s instructor, Isaac Peña, during a yoga class. What’s worse is that other women had already complained about Isaac Peña to Pure Yoga prior to this incident.

Pure ...

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MBI Energy Service Sued for Unpaid Overtime

MBI Energy Services, Inc., a leading provider for completion, well intervention, water management and logistics in the United States, has recently been sued for failing to pay its employees the appropriate wages. A significant number of potentially affected employees work or have worked for MBI Energy in the Williston Basin in North Dakota and the Rocky Mountain region, as well as the Eagle Ford play in Texas, the Marcellus play in Pennsylvania, and the Niobrara play in Wyoming. Affected workers ...

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Judge Denies Defendants Motion to Dismiss in TCPA Case Against NYSC

Back in May of 2018 Fitapelli & Schaffer, LLP along with Terrell Marshall Law Group PLLC filed a class action lawsuit against New York Sports Club (“NYSC”) for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending text messages to recipients’ cellular phones without their prior written consent. NYSC owns and operates health and fitness facilities in New York, Boston, Washington, D.C. and Philadelphia and claim to have “the largest gym network in the Northeast.” The TCPA makes it ...

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Swift to Pay $100M in Independent Contractor Misclass Lawsuit

After an almost decade long legal battle, Swift Transportation, a truckload motor shipping carrier, has reached a monumental class action settlement agreement. Swift has agreed to pay up to $100 million to more than 19,000 of its drivers. According to the 2009 class action filed by its drivers, Swift misclassified them as independent contractors instead of employees of the company. By doing so, Swift denied its drivers from significant pay ...

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DOL Proposes New Minimum Salary Threshold for Overtime Exemptions

After holding numerous listening sessions for public feedback, the U.S. Department of Labor (“DOL”) has issued a revised increase to the minimum salary threshold for white-collar exemptions. The DOL’s proposal included raising the minimum salary requirement for being considered an exempt employee from an annual salary of $23,660 to $35,308. This could cause over a million workers to become eligible to receive overtime pay when working over 40 hours in a work week.

This proposal comes in response to the backlash ...

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Patriot Well Solutions Sued Over Unpaid Overtime

Patriot Well Solutions , one of the leading providers of wireline and coiled tubing service in the United States, has just been sued over failing to pay its employees the proper wages. There are a significant number of potentially affected employees throughout the nation working on projects for Patriot in Wyoming, Colorado, North Dakota and Texas. The affected job titles include Wireline Operators, equipment operators, and other similarly situated workers.

Despite the fact that these laborers are considered non-exempt employees, meaning ...

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Charges for Unpaid Wages Prompts Arrests for NYC Restaurant

The restaurant industry is notorious for cheating workers from receiving their pay in accordance with the law. Often times tipped workers in restaurants are paid less than the minimum wage, not paid overtime at time and one half, forced to complete hours of prepping and cleaning without the correct pay or paid a set salary instead of an hourly rate.  In this specific matter, it was made clear ...

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River Palm Terrace Steakhouse Sued for Unpaid Wages

River Palm Terrace which was recently voted one of “America’s 50 Best Steakhouses” allegedly owes its tipped employees hard earned cash. A lawsuit filed this past Friday alleges that the steakhouse owes its tipped workers minimum wages, overtime pay, and misappropriated tips. Tipped employees that could be affected by this lawsuit include servers, bussers, runners, bartenders and other tipped employees that work or have worked at the steakhouse located at 1416 River Road, Edgewater, New Jersey 07020. The class action ...

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Chipotle Facing Thousands of Wage Theft Arbitration Claims of its Own Making

Chipotle is now crying for mercy after forcing its current and former employees to enter into arbitrations to argue their wage claims against the company. The fast-food goliath had instituted a company-wide tactic of requiring its employees into arbitration agreements in 2014 forcing almost 3,000 plaintiffs into individualized reviews of their claims by arbitrators as opposed to class action lawsuits in court. When you sign an arbitration agreement, you promise to pursue any legal claims against your ...

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