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12 NOV

Tolani Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against the owners of “Tolani”, located at 410 Amsterdam Avenue, New York, NY 10024, on behalf of all bartenders, barbacks, servers, bussers, runners, line cooks, food preparers, dishwashers, and other “Non-Exempt Workers” who have worked there.

The lawsuit alleges that the owners of this restaurant have instituted widespread policies in violation of the Fair Labor ...

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12 NOV

Sidebar/Littletown Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against the owners of “SideBAR”, the Union Square location of “Little Town”, “Village Pourhouse”,“Hudson Terrace”, “Tres Carnes”, and “House of ‘Que” (the “Defendants”), on behalf of all servers, bussers, runners, bartenders, barbacks, and other “tipped workers” who have worked at either of these locations.

The lawsuit alleges that the owners of these restaurants have instituted ...

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12 NOV

Mexican Radio Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against Mexican Radio Corp., the owners of the “Mexican Radio” restaurants located at 19 Cleveland Place, New York, NY 10012 and 537 Warren Street, Hudson, NY 12543 (collectively, the “Mexican Radio Restaurants”), on behalf of all servers, bartenders, runners, supervisors, and other “tipped workers” who have worked at either of these locations.

The lawsuit alleges ...

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4 NOV

Hart v. Crab Addison- New 20% Sidework Decision

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Recently, the United States District Court for the Western District of New York denied Defendant Crab Addison, Inc.’s (“Crab Addison”) motion to dismiss a Plaintiff class’s minimum-wage claim under the Fair Labor Standards Act (“FLSA”) alleging that Defendants paid the Plaintiff class less than the full required minimum wage pursuant to a “tip credit”, while having them spend a significant amount of time performing non-tipped duties. In its prior decision, the Court granted Defendant’s motion to dismiss the FLSA minimum-wage ...

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29 OCT

Publix FCRA Settlement

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Recently, the United States District Court for the Middle District of Tennessee has signed off on a proposed class settlement between Publix Super Markets Inc. (“Publix”) and Erin Knights, individually and as a representative of a class (“Knights”). Knights brought an action under the Fair Credit and Reporting Act (“FCRA”), alleging that Publix’s computerized background check authorization webpage, which is included in their job application process, violated the FCRA. Specifically, Knights alleged that neither the background check application screen or ...

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27 OCT

Unpaid Intern Settlement

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Last week, NBCUniversal agreed to pay $6.4 million to their interns to resolve an unpaid wages lawsuit. Last year, former interns of NBCUniversal filed a lawsuit alleging that NBCUniversal failed to pay them the applicable minimum wage or any wages at all for their work in violation of the Fair Labor Standards Act which states that internships must benefit the interns, not the employer. Although NBCUniversal did not admit any wrongdoing, this is yet another case where a company has ...

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16 OCT

NYC Expands Living Wage Bill

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On September 30, 2014, Mayor Bill de Blasio signed an executive order increasing New York City’s workers wages which takes effect immediately. The Order expands the New York City’s Fair Wages for New Yorkers Act, raising the Living Wage from $11.90 to $13.13 per hour – and likely to reach $15.22 per hour by the year 2019. The $13.13 per hour is the Living Wage without benefits or $11.50 per hour with benefits (up from $11.90 and $10.30, respectively).
This ...

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14 OCT

2nd Circuit Revives Overtime Case Against Geico

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In a recent decision, the United States Court of Appeals for the Second Circuit has vacated and remanded the United States District Court for the Eastern District of New York’s grant of summary judgment for Government Employees Insurance Company (“Geico”) against Plaintiffs Candace Harper, Lisa Hoyt, Mark Anthony Turner, and Allison M. Akers.
Plaintiffs brought this case to contest Geico’s finding that they are employed in an administrative capacity, which would mean that they fall under the administrative exemption and ...

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8 OCT

New 1st Circuit Tip Credit Decision

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In a recent decision, on October 1, 2014, the United States Court of Appeals for the First Circuit affirmed the District Court of Puerto Rico’s decision granting summary judgment for the Secretary of the Department of Labor (“DOL”), against Lorraine Enterprises, Inc. d/b/a Piccolo E Posto, Lorraine Lago, and Pedro Gonzalez (collectively, “Defendants”), and denied Defendants motion to amend or alter that judgment. Perez v. Lorraine Enterprises, Inc., d/b/a Piccolo E Posto, et al., Nos. 13-1685 (1st Cir., Oct. 1, ...

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1 OCT

AT&T $45 Million TCPA Settlement

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On September 30, 2014, Defendant AT&T Mobility LLC just filed a joint motion with Plaintiffs asking the U.S. District Judge to approve the proposed settlement of $45 million to resolve a proposed class action lawsuit that alleges violations under the Telephone Consumer Protection Act (“TCPA”). The First Amended Complaint, which was filed on June 5, 2013, alleged that AT&T Mobility LLC violated the TCPA by placing calls using an automated telephone dialing system or a prerecorded voice message to cellular ...

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