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22 OCT

New York Women’s Equality Act Bills Signed by Governor Cuomo

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On Wednesday, October 21 2015, New York Governor Andrew Cuomo signed eight bills that make up part of the Women’s Equality Act (“WEA”), which was first initiated by Cuomo in 2012. These WEA bills are designed to end gender based inequality and discrimination. The bills signed involve equal pay for women, prohibition of employment discrimination, among many other issues. The bills will largely take effect within 90 days.

Specifically, one of the signed bills will prohibit employers from paying women less ...

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20 OCT

Exploration Drilling Case- Motion for Conditional Certification under the FLSA Granted

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On October 15, 2015, the United States District Court for the District of Montana granted Plaintiff’s Motion for Conditional Certification and Notice against Exploration Drilling for Unpaid Overtime under the Fair Labor Standards Act (“FLSA”).  In granting Conditional Certification, the Court held that Plaintiff met his burden of establishing that he and the putative class members, consisting of Flowback Operators, are similarly situated. This determination by the Court was based off of six declarations, one from Plaintiff and the rest ...

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25 SEP

Numero 28 Restaurant Lawsuit Filed

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On Friday, September 25, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Numero 28 Pizzerias in New York. The lawsuit is filed on behalf of all servers, busboys, runners, bartenders, and other “Tipped Workers” who work or have worked at any of Numero 28 pizzerias in New York City. Numero 28’s New York City locations include the “West Village”- located at 28 Carmine Street, ...

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24 SEP

Halliburton Must Pay $18 Million in Overtime Pay to Misclassified Workers

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On Tuesday September 22, 2015, oil and gas service provider Halliburton came to an agreement with the U.S. Department of Labor (DOL) to pay more than $18 million in unpaid overtime wages to over 1,000 of Halliburton employees across the nation. The DOL, in a news release, called it “one of the largest recoveries of overtime wages in recent years.”

Halliburton is one of the largest oil and gas service providers in the world. Halliburton has more than 70,000 employees, with ...

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18 SEP

F&S Files Age Discrimination and Retaliation Lawsuit Today Against JP Morgan Chase

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On September 18, 2015, Fitapelli & Schaffer, LLP, filed a lawsuit in Supreme Court New York County against JPMorgan Chase & Co, and Abdool Shakur (collectively, Defendants). The lawsuit is filed on behalf of Gulshan Chhabra (“Plaintiff”), a former Relationship Banker at JPMorgan Chase & Co.

The lawsuit alleges Defendants discriminated against Plaintiff based on his age and retaliated against him, in violation of the New York City Human Rights Law (“NYCHRL”). Age is a protected category under the NYCHRL, therefore ...

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15 SEP

New York adopts $15 per hour for Fast Food Workers

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On September 10, 2015, New York Commissioner of Labor Mario Musolino adopted the Fast Food Wage Board’s recommendations regarding increasing the minimum wage for fast food workers in New York to $15 per hour. The Order will take place thirty days after notice is published in at least ten newspapers in New York.

Musolino approved the phase-in schedules for the minimum wage increase in New York City and the rest of the state. New York City’s minimum wage for fast food ...

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8 SEP

NYC Law Prohibits Credit Checks

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The New York City Commission on Human Rights amended the New York City Human Rights Law (“NYCHRL”) by adding the Stop Credit Discrimination in Employment Act (“SCDEA”). The SCDEA went into effect on September 3, 2015 and makes it unlawful and discriminatory for employers, labor organizations, and employment agencies to request or use the consumer credit history of an applicant for the purpose of making any employment decisions, including hiring, compensation, and other terms and conditions of employment. N.Y.C. Admin. ...

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3 SEP

Uber Drivers Win Class Certification

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On Tuesday, September 1, 2015, a federal judge granted class action certification in a lawsuit against Uber. The lawsuit argues that Uber labels their drivers as independent contractors when they should actually be considered employees. Labeling workers as independent contractors rather than employees is a method employers frequently utilize in bad faith to keep labor costs low, because it allows them to avoid paying workers  minimum wage and overtime compensation. It also allows employers to avoid paying for health insurance ...

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3 SEP

Delmonico’s Italian Steakhouse Lawsuit Filed by Fitapelli & Schaffer

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On Wednesday, September 2, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Western District of New York on behalf of all servers, bussers, bartenders, barbacks, and other tipped workers (collectively “Tipped Workers”) who work or have worked at Delmonico’s Italian Steakhouse located at 1553 Central Avenue, Albany, New York 12205 (“Albany Delmonico’s”); 125  White Spruce Boulevard, Rochester, New York 14623 (“Rochester Delmonico’s”); 147 North Genesee Street, Utica, New York 13502 ...

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1 SEP

Landmark NLRB Decision Regarding Joint Employers

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On August 27, 2015, the National Labor Relations Board (NLRB) established a new standard to determine joint employer status under the National Labor Relations Act in Browning-Ferris Industries of California, Inc. The new standard substantially broadens what it means to be an employer, as it includes employers who only affect employment conditions indirectly, which will allow many more employers to fall in the joint employer category.

The Browning-Ferris decision overruled three cases, TLI, Laerco, and Airborne, that had set the previous ...

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