EMPLOYMENT LITIGATION

DECISIONS OF INTEREST

Fitapelli & Schaffer are recognized leaders in employment law. Our litigated cases have produced consistent results and groundbreaking decisions. Below is a sampling of some recent and notable decisions of interest.  Note that this website is not affiliated or endorsed by any of the companies below, but rather provides information regarding court cases involving those companies.

TGI Fridays
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TGI Fridays

October 26, 2017

Granting Preliminary Approval of Class Action Settlement.

Star Nissan
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Star Nissan

April 12, 2017

Order Granting Plaintiffs' Motion for Conditional Class Certification.

Mexican Radio Corp
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Mexican Radio Corp

March 30, 2017

Denial of Defendants' Motion to Dismiss.

American Eagle
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American Eagle

January 24, 2017

Granting Preliminary Approval of Class Action Settlement.

Marina Ice Cream
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Marina Ice Cream

December 8, 2016

Granting Preliminary Approval of Class Action Settlement.

Koi Restaurant
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Koi Restaurant

October 7, 2016

Final Judgment and order granting final approval of class action settlement.

Sushi Samba
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Sushi Samba

June 30, 2016

Final Judgment and order granting final approval of class action settlement.

Koi Restaurant
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Koi Restaurant

May 31, 2016

Granting Preliminary Approval of Class Action Settlement.

Capital Grille
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Capital Grille

May 20, 2016

Granting Preliminary Approval of Class Action Settlement.

Major World
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Major World

April 27, 2016

Final Judgment and order granting final approval of class action settlement.

Sushi Samba
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Sushi Samba

March 14, 2016

Granting Preliminary Approval of Class Action Settlement.

Leros Point to Point
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Leros Point to Point

February 26, 2016

Final Judgment and order granting final approval of class action settlement.

Petco Groomers
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Petco Groomers

January 19, 2016

Order granting Plaintiffs' motion for conditional class certification.

Major World
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Major World

December 22, 2015

Granting Preliminary Approval of Class Action Settlement.

Bells Nurses Registry & Employment Agency, Inc.
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Bells Nurses Registry & Employment Agency, Inc.

December 21, 2015

Final Judgment and order granting final approval of class action settlement.

TGI Fridays
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TGI Fridays

November 3, 2015

Judge Grants Motion to Extend the Notice Period for FLSA Opt-ins to Join the Case.

Exploration Drilling
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Exploration Drilling

October 15, 2015

Order granting Plaintiffs' motion for conditional class certification.

Lopez v. The Dinex Group, LLC
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Lopez v. The Dinex Group, LLC

October 6, 2015

Final Judgment and order granting final approval of class action settlement.

Bravo v. Palm West
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Bravo v. Palm West

September 30, 2015

Granting Preliminary Approval of Class Action Settlement.

Long v. HSBC
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Long v. HSBC

September 11, 2015

Granting Preliminary Approval of Class Action Settlement.

Leros Point to Point
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Leros Point to Point

September 2, 2015

Granting Preliminary Approval of Class Action Settlement.

M&T Bank
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M&T Bank

August 19, 2015

Order granting Plaintiffs' motion for conditional class certification.

CHEETAHS GENTLEMEN'S CLUB & RESTAURANT
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CHEETAHS GENTLEMEN'S CLUB & RESTAURANT

July 30, 2015

Order granting Plaintiffs' motion for conditional class certification.

Lopez v. The Dinex Group, LLC
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Lopez v. The Dinex Group, LLC

June 23, 2015

Granting Preliminary Approval of Class Action Settlement.

Fernandez v. Legends Hospitality
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Fernandez v. Legends Hospitality

June 20, 2015

Final Judgment and order granting final approval of class action settlement.

Hamadou v. Hess
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Hamadou v. Hess

June 18, 2015

Final Judgment and order granting final approval of class action settlement.

Carpenter v. Paige Hospitality
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Carpenter v. Paige Hospitality

June 2, 2015

Final Judgment and order granting final approval of class action settlement.

Flynn v. New York Dolls
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Flynn v. New York Dolls

April 28, 2015

Final Judgment and order granting final approval of class action settlement.

Flood v. Carlson Restaurants Inc.
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Flood v. Carlson Restaurants Inc.

March 27, 2015

Court Denies TGI Fridays' Motion to Dismiss and Change Venue.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

March 27, 2015

Court Orders Chipotle to Turn Over Privileged Documents.

Monzon v. 103 W77 Partners
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Monzon v. 103 W77 Partners

March 5, 2015

Final Judgment and order granting final approval of class action settlement.

TGI Fridays
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TGI Fridays

January 20, 2015

Plaintiffs' Motion for Nation-Wide Conditional Certification Granted.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

December 18, 2014

Chipotle Loses Motion For Protective Order.

Monzon v. 103 W77 Partners
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Monzon v. 103 W77 Partners

October 15, 2014

Granting Preliminary Approval of Class Action Settlement.

Flynn v. New York Dolls
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Flynn v. New York Dolls

October 6, 2014

Granting Preliminary Approval of Class Action Settlement.

Royal Healthcare
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Royal Healthcare

July 31, 2014

Final Approval of Seven Figure Class Action Settlement.

Gonyer v. Vane line
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Gonyer v. Vane line

July 28, 2014

Granting Plaintiffs' Motion to Amend the Complaint and Ruling that the Accepted Rule 68 does not moot the case.

Trimmer v. Barnes & Noble
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Trimmer v. Barnes & Noble

July 18, 2014

Denying Defendants’ Motion for Summary Judgment as to Willfulness, Executive Exemption and Administrative Exemption for Salaried Assistant Managers.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

July 2, 2014

Granting Plaintiffs' motion to amend the complaint.

Juarez v. 449 Restaurant Inc.
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Juarez v. 449 Restaurant Inc.

July 2, 2014

Order granting Plaintiffs' motion for conditional class certification.

Flores v. One Hanover
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Flores v. One Hanover

June 9, 2014

Final Judgment and order granting final approval of class action settlement.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

June 9, 2014

Order Granting Plaintiffs' Motion to Limit Scope of Discovery in a Class Action.

Major World
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Major World

April 16, 2014

Order granting Plaintiffs' motion for partial summary judgment.

Fernandez v. Legends Hospitality
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Fernandez v. Legends Hospitality

April 1, 2014

Decision Granting Appeal in Favor of Yankee Stadium Workers.

Mama Mexico
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Mama Mexico

March 21, 2014

Decision Granting Default Judgment of over $9 Million in Unpaid Wages and Overtime.

Flores v. One Hanover
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Flores v. One Hanover

February 18, 2014

Granting Preliminary Approval of Class Action Settlement.

Simsek v. Fidelis Care
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Simsek v. Fidelis Care

February 14, 2014

Final Judgment and order granting final approval of class action settlement.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

October 25, 2013

Denial of Chipotle's motion to appeal conditional certification.

Yuzary v. HSBC
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Yuzary v. HSBC

October 2, 2013

Final judgment and order granting final approval of a seven-figure class action settlement.

Capital Grille
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Capital Grille

September 20, 2013

Granting Motion for Conditional Certification under the FLSA for all locations Nation-Wide since November 2008.

Public House
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Public House

September 10, 2013

Final judgment and order granting final approval of a seven-figure class action settlement.

Sukhnandan v. Royal Health Care
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Sukhnandan v. Royal Health Care

September 3, 2013

Granting Preliminary Approval of Class Action Settlement.

Salomon v. Adderley Industries, Inc
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Salomon v. Adderley Industries, Inc

August 16, 2013

Granting Plaintiffs' motion to amend the complaint to add a parent company and individual Defendants.

Astoria Brewhouse
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Astoria Brewhouse

August 6, 2013

Denying Defendants' motion to dismiss based on the recent Supreme Court Case, Genesis Healthcare.

Pollock v. Legends Hospitality and New York Yankees
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Pollock v. Legends Hospitality and New York Yankees

July 25, 2013

Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.

Bonilla v. A-1 Moving and Sher-Del
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Bonilla v. A-1 Moving and Sher-Del

July 17, 2013

Granting Plaintiff’ Motion to Dismiss Counterclaims and Denying Defendants’ Motion to Dismiss.

Public House
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Public House

May 22, 2013

Granting Preliminary Approval of Class Action Settlement.

Yuzary v. HSBC
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Yuzary v. HSBC

April 30, 2013

Granting Preliminary Approval of Class Action Settlement.

Ritz v. Mike Rory Corp
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Ritz v. Mike Rory Corp

April 30, 2013

Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.

Ryan v. Centerplate
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Ryan v. Centerplate

March 7, 2013

Final Approval of Class Action Settlement of $750,000 covering servers and runners at Old Yankee Stadium.

Ryan v. Centerplate / Volume Services
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Ryan v. Centerplate / Volume Services

December 6, 2012

Preliminary approval of class action settlement on behalf of workers at Old Yankee Stadium.

Tiro v. Public House
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Tiro v. Public House

December 4, 2012

Decision granting class certification and appointing Fitapelli & Schaffer as Class Counsel.

Girault v. Supersol 661 Amsterdam, LLC. Part 2
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Girault v. Supersol 661 Amsterdam, LLC. Part 2

October 5, 2012

Final Judgment and order granting final approval of class action settlement.

Lovaglio v. W & E Hospitality Inc. Part 2
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Lovaglio v. W & E Hospitality Inc. Part 2

July 6, 2012

Final judgment and order granting final approval of a seven-figure class action settlement.

Girault v. Supersol 661 Amsterdam, LLC.
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Girault v. Supersol 661 Amsterdam, LLC.

June 28, 2012

Order granting Plaintiffs’ motion for order conditionally certifying settlement class and preliminarily approving class action settlement.

Lovaglio v. W & E Hospitality Inc.
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Lovaglio v. W & E Hospitality Inc.

March 12, 2012

[Proposed] order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Fitapelli & Schaffer, LLP as class counsel, and approval of the proposed notice of settlement and class action procedure.

Salomon v. Adderley Industries, Inc
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Salomon v. Adderley Industries, Inc

March 6, 2012

Order granting Plaintiff’s motion for conditional certification of the collective action, to compel Defendant to provide information regarding similarly situated employees for the six-year period prior to the lawsuit, and for court-authorized notice under § 216(b) of the FLSA.

Anthony v. Franklin First Financial, Ltd.
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Anthony v. Franklin First Financial, Ltd.

February 21, 2012

Order awarding Attorneys’ fees and all costs.

Benavidez v. Plaza Mexico Inc.
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Benavidez v. Plaza Mexico Inc.

February 15, 2012

Order granting Plaintiffs’ motion for partial summary judgment.

Matheson v. T-Bone Restaurant, LLC Part 2
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Matheson v. T-Bone Restaurant, LLC Part 2

December 13, 2011

Order granting Plaintiffs’ motion for certification of settlement class, final approval of a six-figure class action settlement, and approval of FLSA settlements, granting Plaintiffs’ motion for approval of attorneys’ fees and reimbursement of expenses, and granting Plaintiffs’ motion for class representative service awards.

Matheson v. T-Bone Restaurant, LLC Part 1
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Matheson v. T-Bone Restaurant, LLC Part 1

September 13, 2011

Order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Outten & Golden LLP and Fitapelli & Schaffer, LLP as class counsel, and approval of the proposed notice of settlement and class action procedure.

Karic v. Major Automotive Companies, Inc.
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Karic v. Major Automotive Companies, Inc.

July 20, 2011

Order granting Plaintiffs’ motion for conditional class certification.

O'Dell v. AMF Bowling Centers, Inc.
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O'Dell v. AMF Bowling Centers, Inc.

September 18, 2009

Order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Outten & Golden LLP and Fitapelli & Schaffer, LLP as class counsel, and approval of Plaintiffs’ proposed notice of settlement and class action procedure.

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.

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FITAPELLI & SCHAFFER LLP


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