On May 18, 2016, after more than two years in the making, Obama’s administration has finally unveiled a final ruling effectively changing overtime eligibility under the nation’s Fair Labor Standards Act. The overtime salary threshold has doubled from $23,660 to $47,476 allowing millions of once exempt Americans to qualify for overtime pay. This regulation, effective on December 1, 2016, will hopefully allow hard working employees tallying more than 40 hours a week pay for overtime at time-and-a-half what ...
Continue Reading →17 MAY
Lowe’s, one of the largest home improvement retailers in the country, settled an $8.6 million lawsuit that alleged wrongful termination due to disability discrimination. A lawsuit was brought by three former employees alongside the Equal Opportunity Commission (EEOC) representing all workers who had taken a medical leave for more than the allowable time off by the company and subsequently fired because of it. The lawsuit alleged Lowe’s violated the Americans with Disabilities Act.
This case was resolved this past ...
Continue Reading →10 MAY
Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which, as argued by a recent lawsuit against Cross City Construction, would entitle them to receive overtime pay when working over 40 hours per week. Cross City Construction, a construction contractor who operates at several sites throughout New York City, was hit with a class action FLSA lawsuit on Wednesday, May 10, 2016. Fitapelli & Schaffer, LLP is ...
Continue Reading →10 MAY
Having to deal with constant workplace harassment day in and day out, can be mentally and physically taxing to say the least. When starting out at any job, one always hopes for a pleasant and work conducive environment. When Victor Alexander King started working at Whole Foods, a leading gourmet supermarket nationally and internationally, he probably never believed he would have been discriminated and harassed so intensely due to being transgender. One of Whole Foods mission statements is ...
Continue Reading →9 MAY
Target warehouse workers in New York, specifically “Group Leaders”, have started a class action lawsuit against the retail giant claiming that they didn’t compensate them for all hours worked. They allege that they were misclassified as exempt and were not paid for their overtime hours. The lawsuit claims that they worked 48-54 hours per week, not including the hour and a half long meetings they periodically attended as well as continuing to work once at home emailing supervisors ...
Continue Reading →29 APR
Steak ‘n Shake, a casual chain restaurant with over 500 locations in 29 states, has been hit with a collective action FLSA lawsuit on Wednesday, April 27, 2016. Fitapelli & Schaffer, LLP is representing the class that includes servers, bussers and runners who work or have worked for Steak ‘n Shake Operations, Inc. in the United States. This lawsuit is filed on behalf of all servers, bussers, and runners who work or have worked at Steak ‘n Shake restaurants owned ...
Continue Reading →25 APR
In October 2015, Fitapelli & Schaffer, LLP along with Werman Salas P.C. filed a class action lawsuit against the Uncle Julio’s Corporation and Uncle Julio’s of Illinois, Inc. The lawsuit alleged that Uncle Julio’s Restaurants failed to pay tipped employees the proper minimum wage rates to which they were entitled. Recently, the Court approved that notice of lawsuit be sent out to over 5,000 tipped employees, including servers and bartenders nationwide who work or have worked at any of the ...
Continue Reading →13 APR
A hospital worker, Robert Volpe, at Staten Island University Hospital filed a wage and hour lawsuit against the facility in May of 2015. The phlebotomist and lab technician working within the hospital’s Dyker Lab Patient Service Center was completing at least 60 hours of work per week for the last 6 years and paid a salary of approximately $65,000. Volpe was never paid overtime but was required to work long hours. Now, not even a year later, the hospital has ...
Continue Reading →6 APR
P.F. Chang’s, a leading domestic and international Asian-inspired casual chain restaurant, was hit with a class and collective action FLSA Lawsuit on Friday, April 1, 2016. The class includes servers, bussers, runners, bartenders and other “Tipped Workers” who work or have worked for P.F. Chang’s China Bistro, Inc. in the United States. They are being represented by Fitapelli & Schaffer, LLP along with Werman Salas P.C.
The FLSA lawsuit alleges that P.F. Chang’s has instituted widespread practices and policies that violate ...
Continue Reading →28 MAR
Whether you’re for it, or against it, the Affordable Health Care Act, also known as Obamacare, has officially been in full effect for a little over a year now. This health care law requires that employers, whose business employs 50 or more full time employees, must offer its workers health insurance or face penalties that can exceed $2,000 per employee. Eligible workers must work at least 30 hours per week for the company in order to be entitled ...
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