EMPLOYMENT LITIGATION

CASE: A-1 First Class Moving & Storage

Issues: Unpaid wages; unpaid overtime; call-in pay; prevailing wage law

Summary:

A lawsuit filed on February 5, 2013 alleges that A-1 First Class Moving & Storage ("A-1 Moving") failed to pay their service employees the proper prevailing wage rate and overtime pay. Other affected employees are current and former service employees who work or have worked for A-1 Moving within the past six years.

The New York Labor Law (“NYLL”) requires contractors and subcontractors to pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public works contract. The prevailing wage rate is set for the locality where the work is performed. A-1 Moving contracted with various government agencies of the City of New York. The service employees allege that A-1 Moving failed to pay them the prevailing wage rate as set by the New York City Comptroller’s Office for their work performed on these public work projects. The service employees further allege that A-1 Moving required them to work in excess of forty hours per workweek, without paying them overtime pay as required under the NYLL. Finally, the service employees allege that A-1 Moving required them to regularly appear at their offices without compensating them on days when no work was assigned. This lawsuit seeks to recover the difference between the wage rate paid and the prevailing wage rate for hours worked up until 40 per week, overtime pay at 1.5 times the prevailing hourly rate for hours worked over 40 per week, and "call-in pay" when service employees were required to appear at A-1 Moving’s offices when no work was assigned.

The Prevailing wage law covers anyone who: works in construction under a public works contract on a City-owned facility; provides building services such as security, cleaning, temporary office clerical, or food services in a City-owned building; transports fossil fuel, office furniture, rubbish or equipment in a City-owned building; or provides certain home attendant services, day care, or head-start services to New York City residents. Anyone who has worked in any of the above mentioned positions, within the past six years, may have a wage claim. Please contact the employment lawyers at Fitapelli & Schaffer, (212) 300-0375, to schedule a free consultation so that we can discuss your rights under the New York Labor Law.

Contact Fitapelli & Schaffer, LLP

Current and former service employees of A-1 Moving, who have questions about the lawsuit, should contact Fitapelli & Schaffer, (212) 300-0375. You can also 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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