EMPLOYMENT LITIGATION

CASE: RIVER MANOR

ISSUES: Unpaid Wages, Overtime Pay, Unlawful Deductions

Summary:

Fitapelli & Schaffer, LLP filed a class and collective lawsuit on August 31, 2017 against River Manor Care Center a/k/a Atrium Center for Rehabilitation and Nursing (“River Manor”) on behalf of licensed practical nurses (“LPNs”) who worked at River Manor located at 611 East 103rd Street and 630 East 104th Street in Brooklyn, New York. The lawsuit claims that River Manor has failed to pay wages and overtime compensation for all hours worked as required by the Fair Labor Standards Act (“FLSA”) and/or the New York Labor Law (“NYLL”). Additionally, the lawsuit alleges that River Manor made unlawful deductions from LPNs wages. Affected employees include any current and former LPNs and other similarly situated employees who were not paid for all hours worked at River Manor Care Center a/k/a Atrium Center within the last six years.

Plaintiff alleges that he and other LPNs regularly worked beyond their scheduled shift, but were not compensated for all of their hours worked. LPNs at River Manor were responsible for providing medication to patients, dressing wounds, changing wound dressings, making rounds, checking in on patients, feeding patients, checking patients for injuries, bathing patients, and filling out paperwork related to patients. This lawsuit seeks to recover unpaid wages and unpaid overtime for the hours that LPNs worked at River Manor but were not compensated for.

Employees in the healthcare industry are often subjected to or witness to workplace violations, such as unpaid wages, unpaid overtime, and Medicare or Medicaid fraud. As such, the employment lawyers at Fitapelli & Schaffer, LLP are dedicated to protecting the rights of employees. We are seeking to represent all LPNs who work or have worked for River Manor.

Current and former employees of River Manor, who have questions about the lawsuit, should contact Fitapelli & Schaffer, LLP at (212) 300-0375.

Fitapelli & Schaffer, LLP is investigating similar claims for unpaid wages and unpaid overtime at other Excelsior Care Group Centers listed on the company’s common website, and another healthcare facility under common ownership.

Locations include:

  • Cold Spring Hills Center for Nursing & Rehabilitation, located at 378 Syosset-Woodbury Road, Woodbury, NY.
  • Ross Center for Health & Rehabilitation, located at 839 Suffolk Avenue, Brentwood, NY.
  • Staten Island Care Center formerly known as New Brighton Manor, located at 200 Lafayette Avenue, Staten Island, NY.
  • Lakeview Rehabilitation & Care Center, located at 130 Terhune Drive, Wayne, NJ.
  • Briarcliff Manor Center for Rehabilitation & Nursing Care, located at 620 Sleepy Hollow Road, Briarcliff Manor, NY.

Please contact Fitapelli & Schaffer, LLP at (212) 300-0375 if you are a current or former employee of any of these healthcare facilities and have questions regarding the lawsuit or our investigation into unpaid wages.

View the complaint here.

RECORD SETTING AWARDS AND SETTLEMENTS

FOR OUR CLIENTS


$19,100,000

$19.1 Million for Tipped Restaurant Workers. (pending court approval)

Workers such as servers, bussers, runners bartenders, barbacks and other tipped workers at a large national casual dining chain alleged they were owed wages. Their claims included but were not limited to: unpaid overtime, spread-of hours, misappropriated tips, uniform-related expenses and unlawful deductions.

$15,900,000

$15.9 Million for Personal Bankers.

The firm was able to recover overtime compensation for personal bankers and others similarly situated at a national bank that operates hundreds of branches throughout the United States. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales quotas but were not compensated overtime for their pay.

$14,500,000

$14.5 Million for Spam Text Victims

Fitapelli & Schaffer was able to recover damages for recipients of unwanted promotional text messages from a popular young adult clothing retailer. The clothing company allegedly violated the Telephone Consumer Protection Act by sending text messages to recipients’ cellular phones without their prior express written consent.

$7,000,000

$7.0 Million for Bank Loan Officers

The firm was able to recover overtime compensation for loan officers at a national bank that operates more than hundreds of branches nationwide. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales goals but were not compensated overtime for their pay.

$5,900,000

$5.9 Million for Commissioned Car Salesmen.

One of the largest auto dealerships in the NYC Metropolitan Area agreed to pay owed wages to its car salesmen. The company was accused of failing to pay salesmen the proper minimum wage, overtime pay, commissions, and made unlawful deductions from their earned wages in violation of federal labor laws.

$4,300,000

$4.3 Million for Personal Bankers

Even though personal bankers at this nationwide bank were classified as exempt from receiving overtime pay, the company routinely required them to work in excess of 40 hours per week. There are federal laws that help protect workers from misclassification and in this situation; Fitapelli & Schaffer was able to recover unpaid overtime for personal bankers throughout the United States.

$4,300,000

$4.3 Million for Entertainers at Gentleman’s Clubs

F&S represented entertainers at a popular gentleman’s club in New York City that claimed the club failed to pay them the proper wages. The entertainers were able to recover owed wages that included unpaid minimum wages, overtime pay, spread-of-hours pay, unlawfully retained tips, unlawful deductions, and uniform-related expenses.

$3,600,000

$3.6 Million for Tipped Employees at Upscale Restaurant

Tipped workers alleged that a Mexican Michelin rated restaurant with 17 locations denied them overtime pay, minimum wages, and call-in pay. Our firm was able to recover wages for these tipped employees that included servers, bussers, bartenders, food runners and barbacks.

$3,400,000

$3.4 Million for Assistant Managers at Bank

Fitapelli & Schaffer successfully recovered unpaid overtime for assistant managers on a salary at a bank with locations nationwide. The salaried workers argued that they were wrongfully classified as exempt from receiving overtime when working over 40 hours per week.

$3,000,000

$3.0 Million for Bank Loan Officers

The fast food chain allegedly misclassified its assistant managers as salaried workers and considered them exempt from receiving overtime pay when working over 40 hours per week. Fitapelli & Schaffer was able to recover overtime compensation for all of the popular fast food chains’ assistant managers nationwide, with the exception of California.

$2,836,000

$2.9 Million for Tipped Restaurant Employees.

Fitapelli & Schaffer was able to recover unpaid minimum wages, overtime, spread-of hours, and unlawful deductions for tipped restaurant workers at a popular dining chain. Affected workers included servers, bussers, runners bartenders, barbacks and other tipped workers.

$2,250,000

$2.25 Million for Tipped Workers at Chain Sports Bar

proper minimum wage and overtime. Fitapelli & Schaffer helped the workers recover owed wages to the following positions: servers, bussers, bartenders, and other tipped workers under federal and state labor laws.

$2,000,000

$2.0 Million for Bank Loan Officers

Fitapelli & Schaffer was able to successfully recover unpaid overtime for loan officers at a nationwide bank that operates over one thousand locations across the United States. Loan officers for the company alleged that even though they were hourly employees and consistently worked over 40 hours per week they were working off the clock and not getting overtime pay.

$1,950,000

$1.95 Million for Health Care Workers

A New York based health insurance provider allegedly had its health care workers working over 40 hours per week but required they submit weekly timesheets that only showed they worked 37.5 hours. Fitapelli & Schaffer was able to successfully recover compensation for unpaid wages, overtime and spread of hours pay.

CONTACT

FITAPELLI & SCHAFFER LLP


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