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1 JUL

Lawsuit Filed Against Stone Street Tavern For Unpaid Wages

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On June 29, 2015, Fitapelli & Schaffer, LLP filed a class and collective action lawsuit in the United States District Court for the District Court for the Southern District of New York against 85 Pearl Street Venture LTD. d/b/a Stone Street Tavern (“Stone Street Tavern”). The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, barbacks, and other similarly situated tipped employees (collectively, “Tipped Employees”) who work or have worked at Stone Street Tavern in New York City.

The ...

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30 JUN

New Overtime Rules

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The Department of Labor (“DOL”) has announced a proposal to update the regulations which govern overtime compensation for employees. Currently, the only way employees are automatically guaranteed time and a half pay for hours worked over forty per week is when they make less than $23,660 per year, or $455 per week. Moreover, employees today who make more than $23,660 per year can be given limited supervisory duties and can be called a “manager”, making them exempt from overtime pay. ...

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29 JUN

Supreme Court Issues Landmark Decision Regarding Same-Sex Marriage

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On June 26, 2015, The Supreme Court, in Obegerfell  v. Hodges, ruled in a 5 to 4 decision that the Due Process Clause and Equal Protection Clause of the Constitution require all states to allow same-sex marriages. Justice Anthony Kennedy wrote the opinion for the court, and stated “same-sex couples may exercise the fundamental right to marry in all States [and] that there is no lawful basis for a state to refuse to recognize a lawful same-sex marriage performed in ...

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19 JUN

FCC Votes to Strengthen the Telephone Consumer Protection Act

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On June 18, 2015, the Federal Communications Commission (“FCC”) strengthened the Telephone Consumer Protection Act (“TCPA”) by adopting a proposal that protects consumers from receiving robocalls and spam texts if consumers do not first give their consent. This action stemmed from thousands of consumer complaints made to the FCC regarding robocalls and robotexts. The FCC receives more consumer complaints regarding unwanted calls than any other category of complaints. In 2014, there were over 215,000 complaints to the FCC. In this ...

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1 JUN

AKI Renovations Lawsuit

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On May 29, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Eastern District of New York against Aki Renovations Group, Inc.; Aki Renovations, Inc.; Aki Todic, individually; Mujo Todic, individually; and Halil Todic, individually (collectively “Defendants” or “Aki Group”). The lawsuit is filed on behalf of all laborers who work or have worked for the Aki Group within the last six years.

Defendants are based in Queens, New York and provide ...

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1 JUN

US Supreme Court Rules Against Abercrombie & Fitch in Discrimination Lawsuit

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The United States Supreme Court, in an 8-1 decision, ruled in favor of a Muslim woman who was denied a job at Abercrombie & Fitch after she interviewed for a sales position because she wore hijab, a black headscarf worn for religious reasons.

The applicant, Samantha Elauf, never told her interviewer that she was Muslim. However, Elauf did not get the job and was told by a friend it was because of her headscarf. The headscarf violated Abercrombie & Fitch’s dress ...

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1 JUN

Exploration Drilling Lawsuit Filed by F&S

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On May 20, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the District of Montana Billings Division against Exploration Drilling, Inc. (“Exploration Drilling”). The lawsuit is filed on behalf of all flowback operators and other similarly situated employees who work or have worked at Exploration Drilling nationwide.

The lawsuit alleges that Exploration Drilling has failed to pay overtime to flowback operators. Flowback operators are paid a day rate, which is a pre-set ...

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14 MAY

Sushi Samba Lawsuit

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On May 13, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Gaucho, LLC; Samba Brands Management; 7th & Barrow LLC; Avenue Spoon Inc.; Shimon Bokova; Danielle Billera; and Matthew Johnson (collectively, “Defendants”) who collectively own and operate the Sushi Samba restaurants in New York City, Miami Beach, Coral Gables, and Las Vegas.  The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, ...

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12 MAY

Governor Cuomo Likely to Raise Wages For Fast Food Workers in New York

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Governor Cuomo, frustrated from facing resistance and delays from the legislature in his attempts to raise the minimum wage rate once more, is resolute on making an increase a reality. This Thursday, the Governor will use his authority to direct the labor commissioner to convene a Wage Board and examine the current minimum wage in the fast-food industry. The board is expected to give its recommendations as to what it believes the minimum wage rate in this industry should be ...

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11 MAY

Nail Salons Accused of Rampant Wage Violations, Governor Cuomo Takes Action

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The countless nail salons in New York City and surrounding areas, as documented by a recent NY Times article, have recently been placed under the microscope in regards to wage and hour violations and hazardous working conditions.  Several violations have become apparent such as these salons paying its workers way below the minimum hourly wage rate, no overtime pay, not being paid for all hours worked, and often not being paid at all. Last year, the Department of Labor ...

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