On January 20, 2015, in the case of Flood v. Carlson Restaurants Inc., Judge Analisa Torres of the United States District Court for the Southern District of New York granted Plaintiffs’ motion for a nationwide conditional collective action certification, court-authorized notice, and expedited discovery. Plaintiffs originally commenced this action on April 17, 2014, on behalf of themselves and all similarly situated current and former tipped workers – including servers, bussers, runners, bartenders, barbacks, and hosts – employed at T.G.I. Friday’s ...
Continue Reading →14 JAN
Recently, a Magistrate Judge for the United States District Court Eastern District of New York denied Defendants’ motion for class decertification in the case of Ravenell v. Avis Budget Car Rental, LLC. Plaintiffs, shift managers employed by “Avis Rent a Car”, filed a collective action lawsuit to challenge their classification as exempt under the FLSA administrative and executive exemption, and to recover overtime compensation. While the class was previously conditionally certified as a collective action, Defendants sought to seek decertification ...
Continue Reading →6 JAN
As of December 29, 2014, a new bill has been signed into law amending various aspects of the New York Labor Law (“NYLL”). This includes various changes to the Wage Theft Prevention Act (“WTPA”), and how the NYLL interacts with limited liability companies, contractors, and successor employers. One of the major components of the new bill is the repeal of the WTPA’s annual wage notice requirement. Outside of the hospitality industry, which must still issue new pay notices to their ...
Continue Reading →6 JAN
Looming revisions to the Fair Labor Standards Act (“FLSA”) are likely to make millions of previously exempt American workers eligible for overtime pay and other protections provided by the FLSA. While there has been no official proposal released as of yet, an executive action issued in 2014 is likely to lead to revisions of certain FLSA criteria and standards which have remained mostly stagnant since as far back as 2004. Specifically, analysts and policy makers expect significant changes to the ...
Continue Reading →6 JAN
On January 5, 2015, Fitapelli & Schaffer, LLP filed a collective action complaint in the United States District Court for the Southern District of New York against the owners and operators of “S. Katzman Produce”, a produce wholesaler located in the New York City Terminal Market at Hunts Point in the Bronx, on behalf of all foremen and other “Non-Exempt Workers” who have worked there.
Plaintiffs in this lawsuit submit that they were subjected to widespread, repeated, and consistent practices which ...
Continue Reading →22 DEC
On December 19, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners and operators of “District 12”, a bar and restaurant located at 4892 Broadway, New York, New York 10034 on behalf of all cooks, line cooks, food preparers, dishwashers, and other “Non-Exempt Workers” who have worked there.
The Plaintiff class in this lawsuit submits that they were subjected to widespread policies which violated ...
Continue Reading →22 DEC
Fitapelli & Schaffer, LLP filed a class action lawsuit on December 19, 2014, in the United States District Court for the Southern District of New York against the owners of “Stars Staffing Services”, “SPS Resources, Inc.”, “Hornblower Group Inc.”, “Hornblower Yachts, Inc., and “Hornblower New York, LLC” on behalf of all servers, bussers, bartenders, barbacks, and other “Tipped Workers” who have worked for Star Staffing Services (“Star Staffing”), and all Tipped Workers who have worked for Star Hospitality Group at ...
Continue Reading →19 DEC
On December 18. 2014, a Magistrate Judge in the United States District Court for the Southern District of New York ordered that, in the case of Scott v. Chipotle Mexican Grill, Inc., certain documents alleged to be covered by the Defendant’s Attorney-Client Privilege were put in issue by the Defendants, and were therefore not protected by any privilege.
In this class action wage and hour case, Plaintiffs allege that Defendants incorrectly classified the “apprentice” position as non-exempt, resulting in the ...
18 DEC
On December 18, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Petco Animal Supplies Stores, Inc. (“Petco”) on behalf of all pet stylists, groomers, and bathers who have worked at any Petco location nationwide.
The lawsuit alleges that Petco has instituted widespread unlawful policies which burden the rights of their employees and are in violation of the Fair Labor Standards Act (“FLSA”), in addition ...
12 DEC
Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners of “The Russian Tea Room”, located at 150 W. 57th Street, New York, New York 10019 on behalf of all servers, bussers, runners, baristas, bartenders, barbacks, and other “Tipped Workers” who have worked there.
The lawsuit alleges that the owners of this restaurant have instituted widespread policies which violate the Fair Labor Standards Act (“FLSA”) ...