Joseph A. Fitapelli is a partner at Fitapelli & Schaffer whose nationally recognized practice is dedicated to the litigation of large scale class and collective actions for violations of employee and consumer rights. He is a seasoned attorney with extensive experience in state and federal court who has often served as lead or co-lead counsel in cases filed against some of the largest corporations in the world. He has represented thousands of individuals and has been instrumental in the recovery of tens of millions of dollars for the firm's clients.
He has successfully authored and argued briefs that have shaped the legal landscape in favor of those whose rights have been violated and is the head of the firm's Marketing Team. His successes in handling high profile, complex cases have been featured on television, internet and print media including but not limited to: NY1, The New York Law Journal, various local newspapers and other legal publications. As a result, he is frequently consulted by members of the press and legal communities on an array of matters.
A New York Law School graduate, he is also a presidential scholar and cum laude graduate of St. Francis College with a B.A. in English. Mr. Fitapelli is a member of the American Bar Association, the American Bar Association's Section of Labor and Employment Law, the New York State Bar Association and National Employment Lawyers Association (NELA). Mr. Fitapelli is often asked to speak and provide his opinion on various matters relating to class action practice. Recently, Mr. Fitapelli has been a panelist for wage and hour law CLE programs for the ABA, NELA and New York County Lawyers' Association. Mr. Fitapelli is licensed to practice law in New York State, the United States District Courts for the Southern, Eastern and Western Districts of New York and the United States Court of Appeals for the Second Circuit. Mr. Fitapelli has been repeatedly selected to Super Lawyers Magazine's list of the top attorneys in New York. Each year less than 5 percent of the lawyers in New York State are selected to this list.
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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