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- Fitapelli & Schaffer, LLP - Employment Lawyers
- 28 Liberty Street
- New York, NY 10005
- (212) 300-0375
- (212) 481-1333
RECORD SETTING AWARDS AND SETTLEMENTS FOR OUR CLIENTS
$29,100,000
Hourly retail workers at a large national chain
Violation: Workers alleged they were denied proper wages, including unpaid overtime and untimely pay.
Outcome: F&S recovered $29.1 million.
$19,100,000
Tipped workers (servers, bussers, runners, bartenders, barbacks) at a national casual-dining chain
Violation: Workers alleged unpaid overtime, spread-of-hours violations, misappropriated tips, unlawful deductions, and uniform-related expenses.
Outcome: F&S recovered $19.1 million.
$15,900,000
Personal bankers at a national bank
Violation: Bankers claimed they were required to work more than 40 hours a week to meet sales quotas without receiving overtime pay.
Outcome: F&S recovered $15.9 million in unpaid overtime.
$14,500,000
Recipients of unwanted promotional texts from a clothing retailer
Violation: The company allegedly sent marketing texts without recipients' prior express written consent, violating the Telephone Consumer Protection Act.
Outcome: F&S recovered $14.5 million in damages.
$7,000,000
Loan officers at a national bank
Violation: Officers claimed they worked more than 40 hours a week to meet sales goals without receiving overtime pay.
Outcome: F&S recovered $7 million in overtime compensation.
$5,900,000
Commissioned car salesmen at a large NYC-area auto dealership
Violation: The dealership allegedly failed to pay proper minimum wage, overtime, and commissions, and made unlawful deductions from earned wages.
Outcome: F&S recovered $5.9 million in unpaid wages.
$5,750,000
Airline customer service and cargo employees
Violation: Workers alleged unpaid overtime and that the airline failed to provide proper wage notices.
Outcome: F&S recovered $5.75 million.
$4,300,000
Personal bankers at a nationwide bank
Violation: Though classified as exempt, bankers were routinely required to work more than 40 hours a week without overtime pay.
Outcome: F&S recovered $4.3 million in unpaid overtime.
$4,300,000
Entertainers at a gentleman's club in New York City
Violation: The club allegedly failed to pay proper wages, including minimum wage, overtime, spread-of-hours pay, and unlawfully retained tips, and made unlawful deductions for uniform-related expenses.
Outcome: F&S recovered $4.3 million in owed wages.
$3,600,000
Tipped restaurant workers (servers, bussers, bartenders, food runners, barbacks) at an upscale, multi-location Mexican restaurant chain
Violation: Workers alleged the restaurant denied them overtime pay, minimum wages, and call-in pay.
Outcome: F&S recovered $3.6 million.
$3,400,000
Salaried assistant managers at a national bank
Violation: Managers argued they were wrongly classified as exempt from overtime despite working more than 40 hours a week.
Outcome: F&S recovered $3.4 million in unpaid overtime.
$3,000,000
Salaried assistant managers at a fast-food restaurant chain
Violation: The chain allegedly misclassified assistant managers as exempt from overtime despite requiring them to work more than 40 hours a week.
Outcome: F&S recovered $3 million in overtime compensation for assistant managers nationwide (except in California).
$2,836,000
Tipped restaurant workers (servers, bussers, runners, bartenders, barbacks) at a national dining chain
Violation: Workers alleged unpaid minimum wages, overtime, spread-of-hours pay, and unlawful deductions.
Outcome: F&S recovered $2,836,000.
$2,250,000
Tipped workers (servers, bussers, bartenders) at a sports bar and restaurant chain
Violation: Workers alleged they were denied proper minimum wage and overtime pay.
Outcome: F&S secured $2.25 million in owed wages.
$2,000,000
Hourly loan officers at a nationwide bank
Violation: Officers alleged they consistently worked more than 40 hours a week off the clock without receiving overtime pay.
Outcome: F&S recovered $2 million in unpaid overtime.
$1,950,000
Salaried health care workers at a New York–based health insurance provider
Violation: The employer allegedly required staff to work more than 40 hours a week while having them submit timesheets showing only 37.5 hours.
Outcome: F&S recovered $1.95 million in unpaid wages, overtime, and spread-of-hours pay.
KNOW YOUR LEGAL RIGHTS
Wrongful Termination
While human rights laws in New York City and New York State provide that workers are employed "at-will" – meaning you may be fired at any time, for any reason, or for no reason at all.
Learn MoreRetaliation
The New York State Human Rights Law, New York City Human Rights Law, and several federal laws, including but not limited to, Title VII of the Civil Rights Act.
Learn MoreSexual Harassment
Unwelcome sexual conduct directed at one employee by another, regardless of gender, and includes inappropriate joking or touching, requesting sexual favors, or any other harassment that is sexual in nature.
Learn MoreRace, Gender, and Age Discrimination
It is illegal under both city, state and federal law for an employer to discriminate against you on the basis of your race, gender, or age. It can also be illegal to discriminate against you on the basis of your criminal history.
Learn MoreBackground Check Discrimination
Whether you are applying for a new job or you are already an employee of a company, more and more employers are conducting background checks.
Learn MoreDisability Discrimination
It is illegal under both state, city and federal law for an employer to discriminate against you on the basis of a disability. If your employer has discriminated against you on the basis of your disability, they may have violated the law.
Learn MorePregnancy Discrimination
If you believe that an employer has terminated you, refused to hire you, disciplined or demoted you because of pregnancy, you should contact Fitapelli & Schaffer to schedule a free consultation.
Learn MoreSeverance Negotiation
Severance agreements generally provide an employee with additional compensation in exchange for the release of any and all claims that may have arisen during their employment.
Learn MoreWhistleblower Claims
While employed, you may witness instances of wrongdoing in the workplace or may be asked to engage in wrongdoing and may wonder whether there is anything you can do about it.
Learn MoreBreach of Employment Agreements
Not all employees are deemed "at-will" and one exception to the "at-will" classification are those employees hired pursuant to an employment contract.
Learn MoreNegotiating Employee Contracts
Contracts outline the relative duties and expectations of both you and your employer. The terms and conditions of these agreements are relevant both during the employment period and after the employment relationship is over.
Learn MoreFailure to Pay Commissions
If you have not been paid within a reasonable amount of time or if your employer has failed to pay you your proper commission, you may have a claim against your employer for unpaid wages and commissions.
Learn MoreGET TO KNOW FITAPELLI & SCHAFFER
Joseph A. Fitapelli is a partner at Fitapelli & Schaffer whose nationally recognized practice is dedicated to the litigation of large scale class and collective actions for violations of employee and consumer rights. He has consistently achieved top results for his clients in a variety of different industries.
Brian Schaffer is a partner at Fitapelli & Schaffer who is widely recognized as being among the top employment lawyers in the country. An aggressive litigator, he handles class and collective actions for employees as well as consumers.