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11 JAN

Oil and Gas Giant Citgo Settles Unpaid Overtime Claims

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Changes to the Industry

There have been recent initiatives from the wage and hour division of the Department of Labor to investigate the oil and gas industry and its compliance to the Fair Labor Standards Act (FLSA). In the last few years, big industry names like Shell Oil Co. and Motiva Enterprises were investigated and held accountable for unpaid overtime and not compensating their workers correctly. In fact, since 2012 the Department of Labor has netted more than $37,000,000 ...

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8 JAN

Sara Lee Pays Up in Discrimination Lawsuit

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Dealing with discrimination and harassment in the workplace can be very difficult. However, there has been a recent victory for those fighting against unjust working conditions in the form of a $4,000,000 settlement in a discrimination case against Sara Lee. African American workers of a Sara Lee factory in Paris, Texas rallied together and initiated a lawsuit against the company for what is now heralded a landmark racial discrimination case. The facility in question closed down in 2011 ...

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16 DEC

Gramercy Tavern Sued for Unpaid Wages

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Two former tipped workers of the Michelin-starred restaurant Gramercy Tavern are suing owner and restaurant mogul Danny Meyer for unpaid wages. Meyer, who also owns several other restaurants such as Shake Shack, Blue Smoke, Maialino, Jazz Standard, The Modern, North End Grill, and Union Square Café under the parent Company Union Square Hospitality, has been accused of being in violation of federal and state labor laws.

The ex-employees allege that they were not paid correctly and are consequently seeking ...

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14 DEC

Minimum Wage Increase for Fast-food Workers’ is Upheld

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Handing down a victory for restaurant worker rights, the decision to increase the minimum wage for fast food workers to $15 an hour in the state of New York has been upheld by a state oversight board. On Wednesday, the New York Industrial Board of Appeals rejected arguments made by the National Restaurant’s Association that claimed the mandate to increase wages was arbitrary and unfair by focusing on national chain restaurants with 30 or more locations.

Earlier this year ...

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17 NOV

Papa John’s Franchisee Fails to Pay Employee Wages, Gets Jail Time

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On November 16, 2015, New York Attorney General Eric T. Schneiderman issued a press release stating that Abdul Jamil Khokar, a franchisee of nine Papa John’s restaurants in the Bronx,  pled guilty for failing to pay wages under the New York Labor Law (“NYLL”). BMY Foods, Inc., the corporation which owned and operated the Papa John’s franchises with Khokar, pled guilty of falsifying business records. Khokar will serve 60 days in jail, and will pay $230,000 in restitution to his ...

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12 NOV

Restaurants Are Eliminating Tipping

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Joe’s Crab Shack has announced that they will be dropping tipping as a method of payment for all of its restaurants.  Employees of Joe’s Crab Shack will now be paid $14.00 per hour, but there is also the potential for pay to vary based on each particular employee’s past performance at the restaurant.  Joe’s Crab Shack’s parent corporation, Ignite Restaurant Group, first experimented with this policy at 18 of its locations, and will now be implementing it at all 113 ...

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9 NOV

Oaxaca Taqueria Overtime Lawsuit

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On November 5, 2015, Fitapelli & Schaffer, LLP and Pechman Law Group, PLLC  filed a class action lawsuit in the United States District Court for the Southern District of New York against Oaxaca restaurants in New York City.  The lawsuit is filed on behalf of all servers, cooks, kitchen assistants, counterpersons, delivery persons, and other Restaurant Workers (collectively, “Restaurant Workers”) who work or have worked at Oaxaca Taqueria located at the Upper West Side (“Oaxaca Amsterdam”) located at 424 Amsterdam ...

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9 NOV

F&S Files Lawsuit Against Lasership for Unpaid Wages

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On November 5, 2015, Fitapelli & Schaffer LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Lasership , Inc., and Mahmoud, Inc. (collectively, “Lasership” or “Defendants”).  The lawsuit is filed on behalf of all delivery persons or “walkers” (collectively, “walkers”) who work or have worked at Lasership in New York.

The lawsuit alleges that the owners and operators of Lasership have instituted widespread practices and policies that violate their walkers ...

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9 NOV

Judge Extends Notice Period in TGI Fridays Case

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On November 3, 2015, The United States District Court for the Southern District of New York granted Plaintiffs’ Motion for a 45 day extension of the deadline for potential plaintiffs to opt-in to the lawsuit against Carlson’s Restaurant  Inc. and TGI Friday’s Inc. (collectively, “TGI Friday’s”). The lawsuit alleges that TGI Friday’s failed to pay its servers, bussers, runners, bartenders, barbacks, hosts and other tipped food service workers (“Tipped Employees”) proper minimum wage, overtime pay, spread-of-hours pay, and misappropriated tips, ...

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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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