On Friday, September 25, 2015, Fitapelli & Schaffer, LLP along with Pechman Law Group PLLC filed a class action lawsuit in the United States District Court for the Southern District of New York against La Meridiana, Ltd., 1431 First Avenue Corp., La Meridiana I, Ltd., La Meridiana 2, Ltd., 658-660 Amsterdam Corp., 137 7th Avenue Corporation, R&G 86 LLC, Remo Biamonte, Renato Vilardo, and Rolando Biamonte (“Numero 28”). The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, and other “Tipped Employees” who work or have worked at any of the Numero 28 locations in New York City. The lawsuit alleges that the owners and operators of Numero 28 have instituted widespread practices and policies that violate their Tipped Employees’ rights under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). The lawsuit alleges that Numero 28 failed to pay Tipped Employees either any wages or the proper minimum wage rates to which they were entitled. Specifically, Numero 28 failed to pay their Tipped Employees any wages and/or failed to properly utilize the “tip credit” provision that allows them to pay an hourly rate below the regular minimum wage under the FLSA. In that regard, the lawsuit alleges that Numero 28 either provided their Tipped Employees with only the gratuities paid by the customers and/or failed to provide their Tipped Employees with the information required as per the FLSA in order to take advantage of the tip credit provision. The lawsuit additionally seeks to recover additional damages associated with spread-of-hours pay and additional statutory penalties under the NYLL.
Affected employees include any servers, bussers, runners, bartenders, and other similarly situated Tipped Employees who work or have worked at Numero 28 within the past six years.
The employment lawyers at Fitapelli & Schaffer, LLP are strongly committed to protecting the rights of hard working employees. We are seeking to represent all servers and other “Tipped Employees” who work or have worked at any of the Numero 28 locations. Anyone who works or has worked at any of the Numero 28 locations should contact us in order to discuss your potential rights under the FLSA and NYLL. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.
Anyone who has worked at any restaurant as a server or bartender or other tipped position may have a wage claim under the FLSA and/or the NYLL. Please contact Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com to discuss your rights.
You can also view the complaint by clicking here.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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