A recent decision by the Ninth Circuit could have a huge impact on how the Second Circuit interprets arbitration clauses in employment law cases. The Court in Chavarria v. Ralphs Grocery Co., No. 2:11 Civ. 02109 (DDP)(VBK) (9th Cir. October 28, 2013), held that Ralphs’, the defendant/employer, arbitration policy is unconscionable under California state law and that the state law supporting that conclusion is not ...
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On October 25, 2013, the U.S. District Court (S.D.N.Y.) denied Defendant’s motion for Interlocutory Appeal. As a result, the case will proceed as a collective action and notice will be sent to current and former employees of Chipotle Mexican Grill giving them the opportunity to join the lawsuit.
In denying Defendant’s Motion for Interlocutory Appeal, the Court ...
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Giuseppe Romanello v. Intesa Sanpaolo
The N.Y. Court of Appeals partially overturned the Appellate Division’s ruling by reinstating Plaintiff’s disability discrimination claim under the New York City Human Rights Law (“NYCHRL”). The plaintiff in this case took leave ...
Continue Reading →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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