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. ...
Continue Reading →29 JUN
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 ...
Continue Reading →19 JUN
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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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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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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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 ...
Continue Reading →19 MAY
NYC Comptroller Scott Stringer paid 33 immigrant workers over $900,000 from a settlement involving North American Iron Works Inc. construction firm for failing to pay prevailing wage. Immigrants working for North American Iron Works who were not union employees were being paid $16 per hour instead of the required $42 per hour plus benefits.
North American Iron Works contracted with NYC to build numerous schools in Brooklyn, the Bronx, and Manhattan. An employee of North American brought the issue to the ...
Continue Reading →16 MAY
In a recent decision, the United States Court of Appeals for the Second Circuit clarified a key question that is becoming more frequent in single plaintiff and class action litigation: whether a Rule 68 offer of judgment that is not accepted moots a plaintiff’s individual claims to continue their case. A Rule 68 Offer of Judgment is a procedural tool that allows defendants to offer a plaintiff a specific amount of money (usually the maximum recovery allowed under a statute) ...
Continue Reading →14 MAY
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, ...
Continue Reading →12 MAY
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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