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Fitapelli & Schaffer, LLP is a New York City employment law firm that represents workers in unpaid wage, overtime, discrimination, and harassment claims. Since 2008, the firm has recovered over $200 million for employees nationwide.
Violation: Workers alleged they were denied proper wages, including unpaid overtime and untimely pay.
Outcome: F&S recovered $29.1 million.
Violation: Workers alleged unpaid overtime, spread-of-hours violations, misappropriated tips, unlawful deductions, and uniform-related expenses.
Outcome: F&S recovered $19.1 million.
Violation: Bankers claimed they were required to work more than 40 hours a week to meet sales quotas without receiving overtime pay.
Outcome: F&S recovered $15.9 million in unpaid overtime.
Violation: The company allegedly sent marketing texts without recipients' prior express written consent, violating the Telephone Consumer Protection Act.
Outcome: F&S recovered $14.5 million in damages.
Violation: Officers claimed they worked more than 40 hours a week to meet sales goals without receiving overtime pay.
Outcome: F&S recovered $7 million in overtime compensation.
Violation: The dealership allegedly failed to pay proper minimum wage, overtime, and commissions, and made unlawful deductions from earned wages.
Outcome: F&S recovered $5.9 million in unpaid wages.
Violation: Workers alleged unpaid overtime and that the airline failed to provide proper wage notices.
Outcome: F&S recovered $5.75 million.
Violation: Though classified as exempt, bankers were routinely required to work more than 40 hours a week without overtime pay.
Outcome: F&S recovered $4.3 million in unpaid overtime.
Violation: The club allegedly failed to pay proper wages, including minimum wage, overtime, spread-of-hours pay, and unlawfully retained tips, and made unlawful deductions for uniform-related expenses.
Outcome: F&S recovered $4.3 million in owed wages.
Violation: Workers alleged the restaurant denied them overtime pay, minimum wages, and call-in pay.
Outcome: F&S recovered $3.6 million.
Violation: Managers argued they were wrongly classified as exempt from overtime despite working more than 40 hours a week.
Outcome: F&S recovered $3.4 million in unpaid overtime.
Violation: The chain allegedly misclassified assistant managers as exempt from overtime despite requiring them to work more than 40 hours a week.
Outcome: F&S recovered $3 million in overtime compensation for assistant managers nationwide (except in California).
Violation: Workers alleged unpaid minimum wages, overtime, spread-of-hours pay, and unlawful deductions.
Outcome: F&S recovered $2,836,000.
Violation: Workers alleged they were denied proper minimum wage and overtime pay.
Outcome: F&S secured $2.25 million in owed wages.
Violation: Officers alleged they consistently worked more than 40 hours a week off the clock without receiving overtime pay.
Outcome: F&S recovered $2 million in unpaid overtime.
Violation: The employer allegedly required staff to work more than 40 hours a week while having them submit timesheets showing only 37.5 hours.
Outcome: F&S recovered $1.95 million in unpaid wages, overtime, and spread-of-hours pay.
While human rights laws in New York City and New York State provide that workers are employed "at-will" – meaning you may be fired at any time, for any reason, or for no reason at all.
Learn MoreThe New York State Human Rights Law, New York City Human Rights Law, and several federal laws, including but not limited to, Title VII of the Civil Rights Act.
Learn MoreUnwelcome sexual conduct directed at one employee by another, regardless of gender, and includes inappropriate joking or touching, requesting sexual favors, or any other harassment that is sexual in nature.
Learn MoreIt is illegal under both city, state and federal law for an employer to discriminate against you on the basis of your race, gender, or age. It can also be illegal to discriminate against you on the basis of your criminal history.
Learn MoreWhether you are applying for a new job or you are already an employee of a company, more and more employers are conducting background checks.
Learn MoreIt is illegal under both state, city and federal law for an employer to discriminate against you on the basis of a disability. If your employer has discriminated against you on the basis of your disability, they may have violated the law.
Learn MoreIf you believe that an employer has terminated you, refused to hire you, disciplined or demoted you because of pregnancy, you should contact Fitapelli & Schaffer to schedule a free consultation.
Learn MoreSeverance agreements generally provide an employee with additional compensation in exchange for the release of any and all claims that may have arisen during their employment.
Learn MoreWhile employed, you may witness instances of wrongdoing in the workplace or may be asked to engage in wrongdoing and may wonder whether there is anything you can do about it.
Learn MoreNot all employees are deemed "at-will" and one exception to the "at-will" classification are those employees hired pursuant to an employment contract.
Learn MoreContracts outline the relative duties and expectations of both you and your employer. The terms and conditions of these agreements are relevant both during the employment period and after the employment relationship is over.
Learn MoreIf you have not been paid within a reasonable amount of time or if your employer has failed to pay you your proper commission, you may have a claim against your employer for unpaid wages and commissions.
Learn More
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 has consistently achieved top results for his clients in a variety of different industries.
Brian Schaffer is a partner at Fitapelli & Schaffer who is widely recognized as being among the top employment lawyers in the country. An aggressive litigator, he handles class and collective actions for employees as well as consumers.

Fitapelli & Schaffer, LLC. has been recognized as one of the top employment lawfirms by SuperLawyers magazine for five consecutive years. Our cases have been featured by and covered regularly in the news and media.
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What does Fitapelli & Schaffer do?
Fitapelli & Schaffer, LLP is a New York City employment law firm that represents workers nationwide in unpaid wage, overtime, discrimination, harassment, retaliation, and wrongful termination claims. Since 2008, the firm has recovered over $200 million for employees through individual lawsuits and class and collective actions.
How much does it cost to hire Fitapelli & Schaffer?
Fitapelli & Schaffer generally handles employment cases on a contingency-fee basis, which means there's no upfront cost to you, and the firm only gets paid if you recover compensation. Every case starts with a free consultation, so you can find out where you stand before deciding whether to move forward.
What happens during a free consultation?
During a free consultation, someone from the firm reviews the facts of your situation — your job, your pay, and what happened — and helps you understand whether you may have a valid legal claim. There's no obligation to hire the firm afterward, and nothing you share creates an attorney-client relationship unless you formally retain the firm.
Does Fitapelli & Schaffer only represent workers in New York?
The firm is based in New York City and handles a large volume of NY-based cases, but many of its class and collective actions represent workers nationwide. Recent settlements, for example, have covered airline employees, bank workers, and restaurant staff across multiple states, not just New York.
What's the difference between an individual case and a class action?
An individual case is a single worker's claim against their employer. A class or collective action combines the claims of many workers who experienced the same violation at the same employer, which can increase the pressure on the employer and the total recovery. Fitapelli & Schaffer handles both, and which route makes sense depends on the facts of your situation and how many coworkers were affected the same way.
How do I know if I have a case?
If you think you were shorted on wages or overtime, denied a promotion or fired for an unlawful reason, or harassed or discriminated against at work, it's worth having a workplace lawyer look at the specifics. The details of your job, pay structure, and what your employer did or said usually determine whether a claim is viable. A free consultation with Fitapelli & Schaffer is the fastest way to find out.