Stamped Complaint – 13 Civ. 6977 (10-2-13)
On October 2, 2013, Fitapelli & Schaffer, LLP filed a complaint in U.S. District Court on behalf of cooks, food preparers and dishwashers (collectively the “Non-exempt Workers”) at Moonstruck Diners in New York. This class action lawsuit seeks to recover damages for unpaid minimum wages, overtime pay, and spread-of-hours pay.
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Stamped Complaint – Hernandez v. Energy Kitchen, Inc., et al – 13 cv 6978 (LGS)(GWG)_REDUCED SIZE
On October 2, 2013, Fitapelli & Schaffer, LLP filed a complaint in U.S. District Court on behalf of cooks, delivery workers, kitchen workers, counter servers, helpers, and dishwashers (collectively the “Employees”) at any Energy Kitchen Restaurant in New York. This ...
Continue Reading →On September 20, 2013, the U.S. District Court (S.D.N.Y.) granted conditional certification and court-authorized notice to potential class members that have worked as tipped employees at 47 Capital Grille locations nationwide since November 18, 2008.
In, Chhab v. Darden Restaurants, Inc., ...
Continue Reading →Stamped Complaint – 13 Civ. 6530 (reduced size)
On September 17, 2013, Fitapelli & Schaffer, LLP and Outten & Golden, LLP filed a complaint in U.S. District Court on behalf of the entertainers/dancers at three prominent New York City Gentlemen’s Clubs. This class action lawsuit seeks to recover damages for unpaid minimum wages, overtime pay, spread-of-hours pay, unlawfully retained and/or distributed tips, unlawful deductions, and uniform-related expenses.
Continue Reading →Stamped Complaint – Monzon v. 103W77 Partners, LLC, et al 13 cv 5951 (AT)
On August 23, 2013, Roldan Monzon (“Plaintiff”) filed a complaint in the U.S. District Court (S.D.N.Y.) on behalf of himself and similarly situated “tipped workers” that worked at Dovetail Restaurant (“Dovetail”), alleging that Dovetail unlawfully violated the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Plaintiff is seeking to recover damages resulting ...
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On August 6, 2013, the United States District Court ruled against Astoria Brewhouse (“Defendant”) in their motion to dismiss several claims filed by former employee/bartender Nicholas Ritz (“Ritz”) alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The Defendant’s motion to dismiss was regarding a previous offer made to Ritz which it believed made the Plaintiff’s claims moot. More specifically, after Ritz received ...
Continue Reading →Scanned First Amended Complaint 10-4-13
On July 25, 2013, Carlos Flores, Hermelindo Tendilla, Rafael Aldape and Francisco Delarosa-Atlatenco (“Plaintiffs”) filed a complaint in the U.S. District Court (S.D.N.Y.) on behalf of themselves and similarly situated “tipped workers” that worked at Harry’s Steak House (“Harry’s”) alleging that Harry’s unlawfully violated the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The Plaintiffs are seeking to ...
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Second Circuit Holds Gristede’s CEO, John Catsimatidis Personally Liable for Employees Lost Overtime Wages
On July 9, 2013, the Second Circuit affirmed the Southern District of New York (S.D.N.Y.) decision in Torres v. Gristede’s Operating Corp. that Gristede’s Foods, Inc. (“Gristedes”) CEO, John Catsimatidis qualifies as an “employer” under the Fair Labor Standards Act (FLSA). In so holding, the Second Circuit, made Catsimatidis personally liable for any wage and hour claims ...
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NY Court of Appeals Starbucks Decision
On June 26, 2013, the New York State Court of Appeals responded to both Barenboim v. Starbucks and Winans v. Starbucks by holding that Starbuck Baristas must share their tips with Shift Supervisors but the company may be entitled to deny those same tips to Assistant Managers. In so holding, the Court of Appeals has methodically laid out the proper line of ...
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University of Texas Southwestern Medical Center v. Nassar Makes it More Difficult for Employees to Bring Retaliation Lawsuits Against Employers
On June 24, 2013, the Supreme Court of The United States held by a 5-4 margin in University of Texas ...
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