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Hourly Workers at a large national chain alleged they were owed wages. Their claims included but were not limited to: unpaid overtime and untimely pay.
Workers such as customer service or cargo employees at a large national airline alleged they were owed wages. Their claims included but were not limited to: unpaid overtime and failing to provide proper wage notices.
Workers such as servers, bussers, runners bartenders, barbacks and other tipped workers at a large national casual dining chain alleged they were owed wages. Their claims included but were not limited to: unpaid overtime, spread-of hours, misappropriated tips, uniform-related expenses and unlawful deductions.
The firm was able to recover overtime compensation for personal bankers and others similarly situated at a national bank that operates hundreds of branches throughout the United States. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales quotas but were not compensated overtime for their pay.
Fitapelli & Schaffer was able to recover damages for recipients of unwanted promotional text messages from a popular young adult clothing retailer. The clothing company allegedly violated the Telephone Consumer Protection Act by sending text messages to recipients’ cellular phones without their prior express written consent.
The firm was able to recover overtime compensation for loan officers at a national bank that operates more than hundreds of branches nationwide. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales goals but were not compensated overtime for their pay.
One of the largest auto dealerships in the NYC Metropolitan Area agreed to pay owed wages to its car salesmen. The company was accused of failing to pay salesmen the proper minimum wage, overtime pay, commissions, and made unlawful deductions from their earned wages in violation of federal labor laws.
Even though personal bankers at this nationwide bank were classified as exempt from receiving overtime pay, the company routinely required them to work in excess of 40 hours per week. There are federal laws that help protect workers from misclassification and in this situation; Fitapelli & Schaffer was able to recover unpaid overtime for personal bankers throughout the United States.
F&S represented entertainers at a popular gentleman’s club in New York City that claimed the club failed to pay them the proper wages. The entertainers were able to recover owed wages that included unpaid minimum wages, overtime pay, spread-of-hours pay, unlawfully retained tips, unlawful deductions, and uniform-related expenses.
Tipped workers alleged that a Mexican Michelin rated restaurant with 17 locations denied them overtime pay, minimum wages, and call-in pay. Our firm was able to recover wages for these tipped employees that included servers, bussers, bartenders, food runners and barbacks.
Fitapelli & Schaffer successfully recovered unpaid overtime for assistant managers on a salary at a bank with locations nationwide. The salaried workers argued that they were wrongfully classified as exempt from receiving overtime when working over 40 hours per week.
The fast food chain allegedly misclassified its assistant managers as salaried workers and considered them exempt from receiving overtime pay when working over 40 hours per week. Fitapelli & Schaffer was able to recover overtime compensation for all of the popular fast food chains’ assistant managers nationwide, with the exception of California.
Fitapelli & Schaffer was able to recover unpaid minimum wages, overtime, spread-of hours, and unlawful deductions for tipped restaurant workers at a popular dining chain. Affected workers included servers, bussers, runners bartenders, barbacks and other tipped workers.
proper minimum wage and overtime. Fitapelli & Schaffer helped the workers recover owed wages to the following positions: servers, bussers, bartenders, and other tipped workers under federal and state labor laws.
itapelli & Schaffer was able to successfully recover unpaid overtime for loan officers at a nationwide bank that operates over one thousand locations across the United States. Loan officers for the company alleged that even though they were hourly employees and consistently worked over 40 hours per week they were working off the clock and not getting overtime pay.
A New York based health insurance provider allegedly had its health care workers working over 40 hours per week but required they submit weekly timesheets that only showed they worked 37.5 hours. Fitapelli & Schaffer was able to successfully recover compensation for unpaid wages, overtime and spread of hours pay.
While human rights laws in New York City and New York State provide that workers are employed "at-will" – meaning you may be fired at any time, for any reason, or for no reason at all.
Learn Morehe New York State Human Rights Law, New York City Human Rights Law, and several federal laws, including but not limited to, Title VII of the Civil Rights Act.
Learn MoreUnwelcome sexual conduct directed at one employee by another, regardless of gender, and includes inappropriate joking or touching, requesting sexual favors, or any other harassment that is sexual in nature.
Learn MoreIt is illegal under both city, state and federal law for an employer to discriminate against you on the basis of your race, gender, or age. It can also be illegal to discriminate against you on the basis of your criminal history.
Learn MoreWhether you are applying for a new job or you are already an employee of a company, more and more employers are conducting background checks.
Learn MoreIt is illegal under both state, city and federal law for an employer to discriminate against you on the basis of a disability. If your employer has discriminated against you on the basis of your disability, they may have violated the law.
Learn MoreIf you believe that an employer has terminated you, refused to hire you, disciplined or demoted you because of pregnancy, you should contact Fitapelli & Schaffer to schedule a free consultation.
Learn MoreSeverance agreements generally provide an employee with additional compensation in exchange for the release of any and all claims that may have arisen during their employment.
Learn MoreWhile employed, you may witness instances of wrongdoing in the workplace or may be asked to engage in wrongdoing and may wonder whether there is anything you can do about it.
Learn MoreNot all employees are deemed "at-will" and one exception to the "at-will" classification are those employees hired pursuant to an employment contract.
Learn MoreContracts outline the relative duties and expectations of both you and your employer. The terms and conditions of these agreements are relevant both during the employment period and after the employment relationship is over.
Learn MoreIf you have not been paid within a reasonable amount of time or if your employer has failed to pay you your proper commission, you may have a claim against your employer for unpaid wages and commissions.
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Joseph A. Fitapelli is a partner at Fitapelli & Schaffer whose nationally recognized practice is dedicated to the litigation of large scale class and collective actions for violations of employee and consumer rights. He has consistently achieved top results for his clients in a variety of different industries.
Brian Schaffer is a partner at Fitapelli & Schaffer who is widely recognized as being among the top employment lawyers in the country. An aggressive litigator, he handles class and collective actions for employees as well as consumers.

Fitapelli & Schaffer, LLC. has been recognized as one of the top employment lawfirms by SuperLawyers magazine for five consecutive years. Our cases have been featured by and covered regularly in the news and media.
April282023