On Friday, April 1, 2016, Fitapelli & Schaffer, LLP along with Werman Salas P.C. filed a class and collective action lawsuit in the United States District Court for the Northern District of Illinois against P.F. Chang’s China Bistro, Inc. (“P.F. Chang’s” or “Defendant”). The lawsuit is filed on behalf of all servers, bussers, runners, bartenders and other “Tipped Workers” who work or have worked at P.F. Chang’s China Bistro restaurants owned and/or operated by P.F. Chang’s China Bistro, Inc. in the United States.
The lawsuit alleges that P.F. Chang’s has instituted widespread practices and policies that violate their Tipped Employees’ rights under the Fair Labor Standards Act (“FLSA”), Illinois Minimum Wage Law (“IMWL”), and New York Labor Law (“NYLL”). The lawsuit alleges that P.F. Chang’s failed to pay its Tipped Employees the proper minimum wage rates, overtime, off-the-clock work, and spread-of-hours, as well as misappropriating tips, making illegal deductions and failing to provide accurate wage statements and the proper annual wage notices. Specifically, the lawsuit alleges that Defendants required their Tipped Employees to regularly perform non-tipped work that was unrelated to their tipped occupation. This unrelated work was in excess of 20% of Tipped Employees’ time during individual workweeks and included but was not limited to: sweeping floors, cleaning stainless steel kitchen appliances, folding and restocking to-go food containers, emptying garbage bins, cleaning and refilling condiment containers, cutting fruit, and rolling silverware. While this work should have been compensated at the full minimum wage rate, the lawsuit alleges that P.F. Chang’s paid its Tipped Employees sub-minimum, tip-credit hourly wages in violation of the FLSA, IMWL, and NYLL.
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 P.F. Chang’s locations nationwide. Anyone who works or has worked at any of the P.F. Chang’s locations in the United States should contact us in order to discuss your potential rights under the FLSA. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com. You can also view the complaint 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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