Class Action Lawsuits
Fitapelli & Schaffer handles employment and consumer class actions across the country. Our firm has successfully litigated cases that have resulted in tens of millions of dollars to our clients. Fitapelli & Schaffer has proven experience facing Fortune 500 companies and large privately held companies that individuals may fear facing on their own.
Large companies prefer to defend individual claims against them one at a time. These companies do not feel the pressure or need to compensate individuals for their single claims. Class action lawsuits give individuals strength by grouping together similarly situated people against these companies. Class action lawsuits “level the playing field” and give employees and consumers leverage to pursue lawsuits against companies that have harmed them.
The attorneys at Fitapelli & Schaffer have represented employees in a wide-range of industries, such as workers in the financial, hospitality, restaurant, oil and gas, automotive and banking industries. Our firm has received large settlements for our clients in positions such as, car salesmen, bank tellers, loan officers, assistant managers, mortgage bankers, financial analysts, livery drivers, truck drivers, restaurant workers, kitchen staff, and home health aides, for wage and hour claims. Wage and hour claims brought under both the Fair Labor Standards Act (“FLSA”) and New York’s Labor Law (“NYLL”) often allow employees to recover years of unpaid overtime, among other unpaid wages. Employees often believe that if they are paid salary then they are not entitled to overtime. This is a common misconception. Employers regularly misclassify employees as exempt from overtime, however the employee may be entitled to receive overtime pay, even though their employer pays them a salary. Our firm has successfully recovered unpaid overtime wages for our clients, as well as compensation for other unlawful pay practices by employers. A recent favorable outcome for our clients included a $15.6 million dollar settlement for personal bankers at a large financial institution.
Fitapelli & Schaffer, LLP also represents employees and job applicants in class actions for improper background or credit checks in violation of the Fair Credit Reporting Act (“FCRA”). During the hiring process, employers often use background checks or credit reports to determine whether the employer will hire the employee. Under the FCRA, employers that use these types of reports from a consumer reporting agency in the hiring process must obtain written permission first and also much clearly disclose that they will be doing so. If a background check report causes an employer to take adverse action that is against you, such as not hire you, the employer must give you a copy of the report and give you reasonable time to dispute the report. Facing these companies may be difficult or intimidating, however, there is strength in numbers when doing so. As such, class action lawsuits are often the most effective way to recover from a company that has subjected you to these practices.
Fitapelli & Schaffer represents consumers under the Telephone Consumer Protection Act (“TCPA”). The TCPA restricts companies from sending unsolicited advertisements via text message or fax. Likewise, companies cannot use automated or prerecorded messages to call residences without written consent. If you believe you have received a prerecorded or automated message to your home phone, or an unsolicited text message contact the attorneys at Fitapelli & Schaffer.
The attorneys at Fitapelli & Schaffer are willing to dedicate the time and resources to enforce the rights of our clients. Our firm continues to oppose major corporations and companies in class action litigation because we believe that there is strength in numbers. Please contact the attorneys at Fitapelli & Schaffer, (212) 300-0375, to discuss whether you have a claim that could be brought as a class action lawsuit.