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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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 ...
Continue Reading →28 AUG
On Friday, August 28, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Koi Group Inc, Koi NY LLC d/b/a Koi Restaurant, and Koi NY Downtown LLC d/b/a Koi SoHo, (collectively, “Koi”). The lawsuit is filed on behalf of all servers, bussers, runners, bartenders and other “Tipped Employees” who work or have worked at Koi Restaurant located at the Bryant Park Hotel or Trump Soho in ...
Continue Reading →31 JUL
On July 30, 2015, Judge Gabriel Gorenstein of the United States District Court for the Southern District of New York granted Plaintiff’s Motion for Conditional Approval of a Collective Action against Cheetahs Gentlemen’s Club & Restaurant (“Cheetahs”). The court held that Plaintiffs sufficiently demonstrated that they are similarly situated to other entertainers who worked at Cheetahs. The court granted notice to be sent to “all individuals who worked at Cheetahs”, so they may have an opportunity to join the case. ...
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On Wednesday July 22, 2015, the New York Wage Board, appointed by Governor Andrew Cuomo, approved a proposal for minimum wage to be increased for workers in the fast food industry in New York City to $15 per hour. The increase would occur over a period of three years in New York City, and over a period of six years for the rest of New York.
The first wage increase would occur by December 31, 2015, raising the minimum wage in ...
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The 2nd Circuit Court of Appeals ruled on July 23, 2015 in Lola v. Skadden, Arps, Slate, Meagher & Flom et al that contract attorneys hired to perform document review could be eligible for overtime pay for hours worked over 40 per workweek. Though employers are not required to pay licensed attorneys overtime if their work is considered to be legal work, the 2nd Circuit held that contract attorneys could potentially receive overtime pay if their work is so basic ...
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On July, 22 2015, Fitapellli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Artisanal Fromagerie & Bistro, LLC (“Artisanal”), Vincent S. Bonfittodrory a/k/a “Sarid Drory,” and Terrance Brennan. The lawsuit is filed on behalf of all servers, bussers, runners, bartenders, and other similarly situated tipped employees (collectively, “Tipped Employees”) who work or have worked at Artisanal, located at 2 Park Avenue South, New York, New York ...
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On July 16, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the District Court for the Southern District of New York against Ricardo LLC d/b/a Ricardo Steak House. The lawsuit is filed on behalf of all servers, busboys, runners, bartenders, cocktail waiters/waitresses, and other similarly situated tipped workers (collectively, “Tipped Workers”) who work or have worked at Ricardo Steak House in New York City.
The lawsuit alleges that the owners and operators ...
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On July 15, 2015 the Department of Labor issued an administrator’s interpretation regarding the widespread issue of employers misclassifying workers as independent contractors instead of employees. It has become a common phenomenon in the United States for employers to willfully misclassify their employees as independent contractors to cut labor costs and avoid paying such workers minimum wage, overtime pay, and other benefits such as unemployment insurance and worker’s compensation. Many workers are being deprived of their rights under the FLSA ...
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On August 22, 2014, Fitapelli & Schaffer, LLP filed a lawsuit in the United States District Court for the Southern District of New York against Louya Corp. d/b/a Jacques Brasserie as well its individual owners and related entities (collectively, “Defendants”). The lawsuit was filed on behalf of seven cooks, waiters, and runners (collectively, “Non-Exempt Employees”) who work or have worked at Jacques Brasserie in New York City.
The lawsuit alleged that the Defendants instituted widespread practices and policies that violated the ...
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