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 →26 DEC
On December 24, 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 of “Cheetahs Gentlemen’s Club & Restaurant” (“Cheetahs”), located at 252 West 43rd Street, New York, New York 10036 on behalf of all exotic dancers who have worked there.
The lawsuit alleges that the owners of Cheetahs have instituted widespread unlawful policies in violation of the Fair Labor Standards Act (“FLSA”) and ...
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 “Life Protect”, including all of its present, former, and future direct and indirect parent companies, subsidiaries, affiliates, agents, and other related entities.
Life Protect is a Virginia corporation which claims to provide “quality medical alert systems and services for seniors.” The complaint alleges that Defendant utilizes an automatic ...
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”) ...
9 DEC
On December 9, 2014, the Supreme Court of the United States found in the case of Integrity Staffing Solutions Inc. v. Busk that warehouse employees were not entitled to compensation under the FLSA for the 25 minutes they spent at work each day waiting to undergo and undergoing security screenings. The case was initially brought before a district court, where it was dismissed for failure to state a claim. However, on appeal, the U.S. Court of Appeals for the 9th ...
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