May 30
Posted by: Brian Schaffer
In early 2015, a female applicant of a brokerage firm in Florida was hired, only to be fired within the hour after inquiring about their maternity policy and disclosing she was pregnant. Her offer was abruptly rescinded citing that they needed someone who would be in the position for the “long-term”. The applicant filed a claim with the EEOC for pregnancy discrimination in July of 2016 and recently settled her case for $100,000 in damages and an agreement that the company would change their policies in order avoid pregnancy discrimination in the hiring process and create awareness for gender discrimination.
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Apr 20
Posted by: Brian Schaffer
Fox News has had a tumultuous year dealing with sexual harassment claims in the workplace. Last year several lawsuits were filed against its former Chairman and network CEO Roger Ailes alleging sexual harassment. One of these cases even settled for an astounding $20 million dollars. In the last couple of months the news channel had been dealing a series of sexual harassment lawsuits against its top-rated host, Bill O’Reilly, which prompted an internal investigation that in turn revealed even more allegations against him.
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Apr 14
Posted by: Brian Schaffer
On April 11, 2017 the NY Supreme Court, Appellate Division for the First Department ruled in favor of the plaintiffs in the Tokhtaman v. Human Care, LLC case. The plaintiffs in this matter argued that home health aides were not being paid for all hours worked, overtime, and spread of hours. The courts decided that nonresidential home health aides who work as live-ins at a client’s home are eligible for overtime.
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Apr 13
Posted by: Brian Schaffer
On April 12, 2017, in the case of Hotaranu v. Star Nissan Inc., No. 16 Civ. 5320, Judge Robert M. Levy of the United States District Court for the Eastern District of New York granted Plaintiffs’ motion for a conditional certification of a collective action under the Fair Labor Standards Act. Plaintiffs originally commenced this action on September 26, 2016, on behalf of themselves and all similarly situated current and former auto sales representatives employed at the Star Nissan dealership, located at 206-02 Northern Boulevard, Bayside, New York. The complaint alleged that Defendants failed to pay sales representatives minimum wages, overtime pay, and commissions in accordance with the agreed upon terms of their commission plan.
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Apr 5
Posted by: Brian Schaffer
There has been an important development for tipped workers in the state of Connecticut. The Connecticut Supreme court has decided that delivery workers cannot be paid a tip credit instead of the full minimum wage rate. The norm had been that businesses like hotels and restaurants would pay its delivery workers the reduced minimum wage because they were earning tips, however, this recent decision points out that the law may have been misinterpreted all along. Delivery workers may have always been entitled to receive the minimum wage rate for all of the hours they worked.
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Mar 24
Posted by: Brian Schaffer
An employee of Fields Motor cars of Florida, a Mercedes dealership, sued them for disability discrimination after they terminated him once he returned from a medical leave for his kidney cancer treatment. The 71 year old employee was cleared to return to work where he capable of completing all of his job duties but was instead terminated for failing to follow company policies over an incident that happened 10 years prior.
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Mar 15
Posted by: Brian Schaffer
On Monday, March 13, 2017, Fitapelli & Schaffer, LLP filed a class action lawsuit against Nick’s Pizzabar for unpaid wages. Nick’s Pizzabar, which is under the same management as other well known NYC restaurants such as Harry’s Café and Steak, Pier A Harbor House, Harry’s Italian, Adrienne’s Pizzabar, Ulysses’ Folk House, Bathtub Gin, The Dead Rabbit, Le District, The Growler, and Vintry Wine & Whiskey, has failed to properly compensate its former and current delivery workers. This lawsuit seeks to recover minimum wages, uniform maintenance pay, unlawful deductions and other damages for delivery workers who work or have worked at Nick’s Pizzabar located at 365 3rd Avenue, New York, New York 10016.
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Feb 14
Posted by: Brian Schaffer
On January 31, 2017, Real Estate Appraisers for Bank of America Corp. were awarded a 7 million dollar settlement after alleging LandSafe, Inc. and LandSafe Appraisal Services, Inc., and their parent company, Defendant Bank of America Corp., refused to pay them overtime even after a similar case against them for unpaid overtime two years prior settled for 36 million dollars. This lawsuit claimed that Bank of America Corp. refused to change their compensation practices even after the prior lawsuit and did not resolve the claims of all of their appraisers.
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Feb 13
Posted by: Brian Schaffer
Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which as argued by a recent lawsuit against Magnetic Contracting Corp. and City Metro Corp., would entitle them to receive overtime pay when working over 40 hours per week. Magnetic Contracting Corp., a commercial and residential construction company operating throughout the greater New York City area, was hit with a class action Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) lawsuit on Friday, February 10, 2017. Fitapelli & Schaffer, LLP is representing a putative class of laborers that work or have worked for Magnetic Contracting Corp.
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Jan 12
Posted by: Brian Schaffer
The popular drugstore chain, Duane Reade, has finally settled a 5 year long class action lawsuit that alleged it denied overtime pay to its employees. They have agreed to pay $13.5 million to cover claims that its assistant store managers were not paid for all of their hours worked in accordance to the Fair Labor Standards Act (FLSA).
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Jan 12
Posted by: Brian Schaffer
The retail giant, Walmart, has settled a discriminatory same-sex benefits lawsuit. They have agreed to pay $7.5 million after resolving a lawsuit filed in 2015 by a Massachusetts employee. That employee alleged being repeatedly denied health coverage for her wife due to their same-sex marriage. The lawsuit was brought as a class action and intended to cover other Walmart employees in same-sex marriages that were denied health insurance.
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Jan 4
Posted by: Brian Schaffer
Fitapelli & Schaffer, LLP along with Bruckner Burch PLLC filed a collective action against Keane Group Holdings for unpaid overtime. Keane, well known to some of the largest oil and gas companies, offers completion services such as hydraulic fracturing, engineered solutions, wireline technologies, coiled tubing, top hole air rig packages, and cementing. This lawsuit seeks to recover overtime pay for plaintiffs and their similarly situated oilfield coworkers. Affected workers include QSHE Coordinators, Wireline Supervisors and other similar salaried workers.
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Dec 13
Posted by: Brian Schaffer
The Grand Healthcare System, a nursing home chain based out of New York, was investigated by the Department of Labor (DOL) for possibly violating the Fair Labor Standards Act (FLSA) by not paying its employees for all of their hours worked. This past Thursday, the DOL announced that the company has agreed to pay more than $2 million to affected workers.
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Dec 2
Posted by: Brian Schaffer
Schlumberger Tech Corp., one of world’s largest oilfield services, has been accused of failing to pay its oilfield workers the proper wages under the Fair Labor Standards Act (FLSA). A class action lawsuit filed this past Tuesday in Pennsylvania federal court alleges that this subsidiary of Schlumberger Ltd. owes its “Measurement While Drilling” employees wages after not paying them overtime when working over 40 hours per week.
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Nov 29
Posted by: Brian Schaffer
On April 1, 2016, Fitapelli & Schaffer, LLP, along with Werman Salas P.C., filed a class and collective action lawsuit against P.F. Chang’s China Bistro Inc., owner and operator of the famous P.F. Chang’s restaurant chain. The lawsuit alleged that P.F. Chang’s failed to pay tipped employees the proper minimum and overtime wages to which they were entitled. On November 28, 2016, the law firms asked the Court for Step-One Certification under the Fair Labor Standards Act (“FLSA”), which would send notice of the lawsuit to all other tipped employees who have worked for P.F. Chang’s in Illinois and New York within the last 3 years. This notice will inform tipped employees of the lawsuit, and will also give tipped employees an opportunity to join the lawsuit.
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Nov 14
Posted by: Brian Schaffer
Dealing with a termination can be a difficult task, but when coupled with restrictions set forth by your previous employer stopping you from working for another company, it can be an absolute nightmare. Many workers are often faced with this scenario after having signed a non-compete agreement at the beginning of their employment. The agreement takes effect after the employer-employee relationship has ended, and usually prohibits former employees from working for a competitor for a period of time after leaving the company or risk being sued. Non-competes are typically established and enforced to protect a company’s trade secrets or confidential information, but can be financially straining for low wage workers trying to look for a new job.
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Oct 26
Posted by: Brian Schaffer
The Life Care Centers of America has agreed to pay $145 million in a settlement this past week, including a whistleblower award of $29 million. The company was accused of overbilling government operated healthcare programs for unreasonable and unnecessary therapy sessions. Life Care, which operates more than 220 skilled nursing facilities nationwide, is the country’s largest private nursing home company in the United States. Forrest L. Preston, the owner of Life Care, was accused of knowingly allowing his facilities to submit false claims to Medicare taking advantage of the most vulnerable American citizens grouping as many of them into the highest reimbursement bracket for therapy without regard to their actual needs. Additionally, Life Care was accused of keeping patients longer than necessary by treating them with therapy long after their therapists felt rehabilitation was necessary.
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Sep 30
Posted by: Brian Schaffer
Employees at Wells Fargo are now speaking out against the company in regards to unpaid wages. These hourly employees allege that in order to reach the unattainable sales goals set by the company, managers would force them to stay late and make cold calls to customers. This would happen during “call nights” that existed for employees who did not hit their numbers. Branch managers would instruct them to stay after work for an additional hour and have them try and sell product like credit cards or accounts to consumers. Workers claim they would not receive additional pay, nor be compensated for overtime.
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Sep 29
Posted by: Brian Schaffer
Car dealerships are a commonplace for negotiating deals, however, over the last couple of years sales representatives have been realizing they might actually be the ones getting the short end of those transactions. Two former sales representatives at Star Nissan Autogroup, one of the largest privately owned car dealerships of the NY metropolitan area, have brought a lawsuit against the company to try and remedy violations that they allege include failing to pay minimum wage, overtime, agreed upon wages, unlawful retention of wages, and unlawful deduction of commissions.
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Sep 16
Posted by: Brian Schaffer
The Consumer Financial Protection Bureau recently caught Wells Fargo setting up more than 2 million fake accounts that its customers hadn’t asked for in order to try and reach product sales goals. After being fined $185 Million, Wells Fargo has responded by firing 5,300 employees who are believed to have opened these phantom accounts. They have also removed the unrealistic product sales goals for retail bankers in attempt to prove to its customers that they still have their best interests in mind. If you have an account with a bank that has pressured you into opening additional accounts, or has opened accounts without your authorization, you may have a case against them. Fitapelli & Schaffer, LLP is investigating other banks that have similar practices. Check your account statements and if you notice something unusual, or feel you may have been a victim of this, please call us for a free consultation with one of our experienced attorneys. You can reach us at (212) 300 – 0375 or visit our website fslawfirm.com.
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Aug 24
Posted by: Brian Schaffer
Saving for your future is what “they” tell you to do. So when your place of employment sets you up in a retirement savings plan, the assumption is that the 401(k) plan is there to benefit you. However, lately, individuals at even the most prestigious companies have been finding out that may not be the case. Insurance and investment companies as well as top notch universities are being accused of misleading their employees into investments as well as charging them excessive fees for their 401(k) and 403(b) plans.
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Aug 12
Posted by: Brian Schaffer
Telemarketing calls or spam calls as we call them, have been invading our homes, interrupting our dinners and blowing up our cell phones for decades now. As smart phones, computers and tablet devices have grown in popularity, telemarketing communications have increased at an astronomical rate. However, most of these telemarketing communications are unwelcome leaving us to wonder the best way to stop them. Luckily, under the Telephone Consumer Protection Act (“TCPA”), recipients of unsolicited calls, texts, or faxes have protection and the right to monetary damages. Even with these laws in place, larger well-known companies often try to skirt the rules with new marketing ploys. Sirius XM Radio Inc. was one of these companies and recently ended up paying out big under the TCPA to its consumers.
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Aug 11
Posted by: Brian Schaffer
In the last couple of years there has been an explosion in filming throughout New York City almost daily. Crew members like production assistants can be seen running around, helping shut down traffic or detour pedestrians. They weave through the city streets exasperated on coffee runs or scramble around with walkie talkies in hand. As staples to the industry, these assistants have always worked long arduous hours for next to nothing. For decades it had been custom for production assistants in these entry level positions to grin and bear it especially if they wanted to get “a foot in the door” and move up in the field.
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Aug 11
Posted by: Brian Schaffer
A dirty secret in the employment world is that there are very few true independent contractors. That being said, legitimate employees have a number of rights and protections under the law. As an employee, many aspects of your daily work are dictated by the company like your schedule and terms of payment. Generally speaking, employees have more benefits, such as overtime pay and sick days. Independent contractors on the other hand, have fewer benefits and must deal with added expenses like vehicle maintenance upkeep and mileage but have more discretion over determining things such as their hours and rate of pay. Workers of this new “gig economy” began to notice discrepancies in being labeled as independent contractors but being treated like an employee with none of the added benefits. It turns out, these workers frequently have their FLSA status misclassified as independent contractors as opposed to employees of the company.
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Aug 1
Posted by: Brian Schaffer
Fitapelli & Schaffer, LLP is investigating claims against New York car dealerships. After successfully resolving a multi-million dollar unpaid wage case against The Major Automotive Companies, one of New York’s largest dealerships, our firm has found that the car dealership industry is riddled with many of the same violations. These wage violations deprive sales representatives of lawfully earned commissions and wages.
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Jul 8
Posted by: Brian Schaffer
On Thursday, July 07, 2016, Fitapelli & Schaffer LLP filed a class action wage lawsuit against Rosa Mexicana, a Michelin rated restaurant serving upscale Mexican inspired dishes with 17 locations worldwide. This lawsuit seeks to recover minimum wages, overtime pay, call-in pay, and other wages for Plaintiffs and their similarly situated co-workers – servers, bussers, bartenders, food runners, barbacks and other “tipped workers” – who work or have worked at Rosa Mexicano restaurants nationwide with the exception of Rosa Mexicano restaurants located in California and Minnesota. The lawsuit asserts that the affected Rosa Mexicano employees were wrongfully denied their lawfully earned wages under the Fair Labor Standards Act (FLSA), the New York Labor Law (NYLL) and the Massachusetts Wage Laws.
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Jun 8
Posted by: Brian Schaffer
On Tuesday, June 7, 2016, Fitapelli & Schaffer, LLP filed a class action wage lawsuit against Red Rabbit, a business that focuses on the preparation of healthy school meals for over 150 schools in the New York City area. Despite the company’s positive initiative to offer healthier food options to NYC school kids, it seems as though they are doing it at the expense of its hard working employees. This wage lawsuit, which represents cooks, food buyers, porters and other “Non-Exempt Workers” working for Red Rabbit, asserts that Red Rabbit’s employees were wrongfully denied their lawfully earned wages under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).
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Jun 3
Posted by: Brian Schaffer
On Tuesday, May 31, 2016, Fitapelli & Schaffer, LLP filed a class and collective wage lawsuit against Dwell Family Doctors (Dwell) and Throggs Neck Walk-In Medical Care, P.C. (Throggs Neck), urgent care medical services providers that operate many emergency walk in clinics in the greater New York City area. The lawsuit also affects the following companies: Urgent Care of Westchester, First Choice Walk-In Urgent Care, Nassau South Urgent Care, and Walk-In Medical, Urgent Care. The wage lawsuit represents physician assistants working for Dwell, Throggs Neck, and the other affiliated facilities who assert they did not receive the overtime pay they deserved under the Fair Labor Standards Act (FLSA).
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May 27
Posted by: Brian Schaffer
On Friday, May 20, 2016, Fitapelli & Schaffer, LLP along with Nichols Kaster, LLP filed a class action wage lawsuit against Smart Circle, an outsource service company and “a worldwide leader” in providing successful sales and marketing solutions for nationally-recognized brands as well as regional and local businesses. The lawsuit represents field agents working for Smart Circle who assert they were wrongfully misclassified as independent contractors keeping them from receiving the minimum wage and overtime pay they deserved under the Fair Labor Standards Act and the California Labor Code.
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May 25
Posted by: Brian Schaffer
On Tuesday, the New York Attorney General filed a lawsuit against Domino’s Pizza, the world’s second largest pizzeria chain, claiming the company failed to pay its employees in accordance with the law. The lawsuit alleges that pizza makers and pizza delivery drivers were underpaid in several New York franchise stores. With well over 12,000 store locations around the world, franchised stores make up about 97% of all locations. Even though the majority of these locations are franchises, it has been argued that Domino’s imposes its company policies, procedures and regulations and should be considered a joint employer of these affected workers. Furthermore, the lawsuit also alleges that Domino’s deceived franchise owners by forcing them to implement policies that violated state law.
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May 18
Posted by: Brian Schaffer
On May 18, 2016, after more than two years in the making, Obama’s administration has finally unveiled a final ruling effectively changing overtime eligibility under the nation’s Fair Labor Standards Act. The overtime salary threshold has doubled from $23,660 to $47,476 allowing millions of once exempt Americans to qualify for overtime pay. This regulation, effective on December 1, 2016, will hopefully allow hard working employees tallying more than 40 hours a week pay for overtime at time-and-a-half what their hourly rate would be.
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May 17
Posted by: Brian Schaffer
Lowe’s, one of the largest home improvement retailers in the country, settled an $8.6 million lawsuit that alleged wrongful termination due to disability discrimination. A lawsuit was brought by three former employees alongside the Equal Opportunity Commission (EEOC) representing all workers who had taken a medical leave for more than the allowable time off by the company and subsequently fired because of it. The lawsuit alleged Lowe’s violated the Americans with Disabilities Act.
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May 10
Posted by: Brian Schaffer
Having to deal with constant workplace harassment day in and day out, can be mentally and physically taxing to say the least. When starting out at any job, one always hopes for a pleasant and work conducive environment. When Victor Alexander King started working at Whole Foods, a leading gourmet supermarket nationally and internationally, he probably never believed he would have been discriminated and harassed so intensely due to being transgender. One of Whole Foods mission statements is specifically to “support team member happiness and excellence” and claim to create a work environment where team members can easily flourish and feel like they belong to a team. However, Victor King alleges to have been repeatedly harassed, intimidated, and alienated by coworkers and supervisors at his Whole Foods location in the Chelsea neighborhood for a period of six months.
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May 10
Posted by: Brian Schaffer
Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which, as argued by a recent lawsuit against Cross City Construction, would entitle them to receive overtime pay when working over 40 hours per week. Cross City Construction, a construction contractor who operates at several sites throughout New York City, was hit with a class action FLSA lawsuit on Wednesday, May 10, 2016. Fitapelli & Schaffer, LLP is representing the putative class of laborers that work or have worked for Cross City Construction.
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May 9
Posted by: Brian Schaffer
Target warehouse workers in New York, specifically “Group Leaders”, have started a class action lawsuit against the retail giant claiming that they didn’t compensate them for all hours worked. They allege that they were misclassified as exempt and were not paid for their overtime hours. The lawsuit claims that they worked 48-54 hours per week, not including the hour and a half long meetings they periodically attended as well as continuing to work once at home emailing supervisors with updates on the team’s performances that day.
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Apr 29
Posted by: Brian Schaffer
Steak ‘n Shake, a casual chain restaurant with over 500 locations in 29 states, has been hit with a collective action FLSA lawsuit on Wednesday, April 27, 2016. Fitapelli & Schaffer, LLP is representing the class that includes servers, bussers and runners who work or have worked for Steak ‘n Shake Operations, Inc. in the United States. This lawsuit is filed on behalf of all servers, bussers, and runners who work or have worked at Steak ‘n Shake restaurants owned by Steak ‘n Shake Operations, Inc. in the United States.
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Apr 25
Posted by: Brian Schaffer
In October 2015, Fitapelli & Schaffer, LLP along with Werman Salas P.C. filed a class action lawsuit against the Uncle Julio’s Corporation and Uncle Julio’s of Illinois, Inc. The lawsuit alleged that Uncle Julio’s Restaurants failed to pay tipped employees the proper minimum wage rates to which they were entitled. Recently, the Court approved that notice of lawsuit be sent out to over 5,000 tipped employees, including servers and bartenders nationwide who work or have worked at any of the Uncle Julio’s locations in Illinois, Texas, Georgia, Maryland, Pennsylvania, Virginia, and Florida on or after October 16, 2012.
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Apr 13
Posted by: Brian Schaffer
A hospital worker, Robert Volpe, at Staten Island University Hospital filed a wage and hour lawsuit against the facility in May of 2015. The phlebotomist and lab technician working within the hospital’s Dyker Lab Patient Service Center was completing at least 60 hours of work per week for the last 6 years and paid a salary of approximately $65,000. Volpe was never paid overtime but was required to work long hours. Now, not even a year later, the hospital has decided to settle his case individually awarding him $115,000.
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Apr 6
Posted by: Brian Schaffer
P.F. Chang’s, a leading domestic and international Asian-inspired casual chain restaurant, was hit with a class and collective action FLSA Lawsuit on Friday, April 1, 2016. The class includes servers, bussers, runners, bartenders and other “Tipped Workers” who work or have worked for P.F. Chang’s China Bistro, Inc. in the United States. They are being represented by Fitapelli & Schaffer, LLP along with Werman Salas P.C.
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Mar 28
Posted by: Brian Schaffer
Whether you’re for it, or against it, the Affordable Health Care Act, also known as Obamacare, has officially been in full effect for a little over a year now. This health care law requires that employers, whose business employs 50 or more full time employees, must offer its workers health insurance or face penalties that can exceed $2,000 per employee. Eligible workers must work at least 30 hours per week for the company in order to be entitled to receive health coverage and benefits under this law.
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Mar 28
Posted by: Brian Schaffer
Bank of America, the second largest national bank, has settled a class action overtime lawsuit for $14,000,000. The lawsuit alleged the bank failed to pay its Financial Advisor Trainees in the Merrill Lynch unit their overtime pay. The trainees claim they were working 60 hours or more per week and were not compensated at time and a half what their hourly rate would be for overtime.
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Mar 18
Posted by: Brian Schaffer
Last year in June of 2015, 51-year-old Tracy Quitasol filed a wrongful termination case against the online and news print mogul, The New York Times. Quitasol was terminated after complaining about the repeated sexist behavior of a male subordinate and also believes her dismissal was part of a larger purge by her boss. The lawsuit alleges that a top Times executive eliminated several dozen older workers of color and replaced them with mostly white employees under the age of 40.
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Mar 18
Posted by: Brian Schaffer
An oil-field services company, SandRidge Energy Corp. has agreed to pay up to almost $5 million to settle an FLSA lawsuit alleging unpaid overtime and owed wages. Sixteen employees rallied together in a class action lawsuit filed back in July 2013. They believed the company was shortchanging them on their hours worked and ultimately did not pay them for their overtime hours allegedly violating provisions of the Fair Labor Standards Act (FLSA).
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Mar 4
Posted by: Brian Schaffer
The popular casual dining and sports bar franchise, Buffalo Wild Wings, is being sued by two former tipped workers for unpaid wages. The plaintiffs, represented by Fitapelli & Schaffer, LLP, allege that Buffalo Wild Wings failed to pay the proper minimum wage and overtime to servers, bussers, bartenders, and other tipped workers as required by the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Additionally, the class action lawsuit seeks to recover damages for uniform-related expenses, and other statutory penalties under the NYLL.
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Feb 17
Posted by: Brian Schaffer
Understanding what you are entitled to receive with regards to your vacation pay is very important especially when it comes to leaving your place of employment. In that regard, laws vary greatly from state to state. For example, in Illinois under the Wage Payment and Collection Act, you have rights as an employee if you’ve been provided with paid vacation. Generally speaking, you must be paid by your employer for any unused vacation days you have left at the end of your employment regardless of the conditions of your separation with the company. Whether you leave the company by quitting or by being terminated you may be entitled to be compensated with your vacation pay in your last check.
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Feb 5
Posted by: Brian Schaffer
Delivery drivers are often faced with unfortunate working conditions such as bad weather, no tips, deadlines, ungrateful customers, and unsafe neighborhoods. However, many drivers do not realize that they may also be getting taken advantage of by their own employers. On February 5th, 2016, a class action FLSA lawsuit was filed by Fitapelli & Schaffer against Domino’s franchises and subsidiary owners MSK Management, LLC and Mohammad S. Khan. The lawsuit is filed on behalf of all delivery drivers who work or have worked for their 47 Domino’s franchises/subsidiaries.
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Feb 3
Posted by: Brian Schaffer
In the last couple of years NFL cheerleaders across the nation have challenged NFL teams to resolve issues of unfair pay and treatment. Following in the footsteps of cheerleaders for the Oakland Raiders, Cincinnati Bengals and Buffalo Bills, the cheerleaders for the New York Jets will finally see a resolution to their fight for better pay. The cheerleaders, also known as the Flight Crew claimed that the Jets violated the FLSA by improperly classifying them as independent contractors and failing to pay proper minimum wage and overtime. Recently, lawmakers have urged the NFL to step forward as a leader to help ensure all professional cheerleaders receive employee pay and protections they deserve. In response to this, an NFL spokesman stated that as an organization, they expect that individual teams and clubs comply with federal, state and local wage and hour laws.
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Jan 28
Posted by: Brian Schaffer
On January 28, 2016, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against Marina Ice Cream Corp. and Selinger Ice Cream Corp., who together do business as “Marina Ice Cream” in New York City. The lawsuit is filed on behalf of all delivery drivers who work or have worked for Marina Ice Cream Corp. located at 133-14 Jamaica Avenue, Richmond Hill, New York 11418; 424 East John Street, Lindenhurst, New York 11757; 1195 McDonald Avenue, Brooklyn, New York 11230 and Selinger Ice Cream at 3070 Waterbury Avenue, Bronx, New York 10461 (collectively, “Marina Ice Cream”).
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Jan 21
Posted by: Brian Schaffer
Last year, a restaurant owner in San Francisco, Thad Vogler, took the initiative to eliminate tipping in both of his restaurants in a search to increase restaurant worker rights. Such a move in the restaurant industry is expected to have a positive impact on its tipped workers as well as back of the house workers. With tips eliminated, wages were set increase to benefit its workers. This pay raise was made possible by increasing item prices at his restaurants, Bar Agricole and Trou Normand, by 20%. This new policy was intended to relieve servers from relying on tips as part of their income and increasing the pay for kitchen staff who never had the added benefit of receiving a gratuity.
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Jan 13
Posted by: Brian Schaffer
Professional cheerleaders for the NFL around the nation are pushing for their rights. Some of these side line entertainers and half time performers for the Buffalo Bills are stepping forward and demanding an increase in wages and better treatment as employees. The main issue in their push for better wages stems from how cheerleaders are categorized by the Buffalo Bills and the NFL in general. It has become common practice in the industry to categorize cheerleaders as independent contractors which means they aren’t considered employees of the company. As a result, the performers in this situation would not be able to benefit from workplace and certain wage rights. In this case, the Buffalo Bills cheerleaders have been granted the initial go ahead to continue their case as a class action. This way, all cheerleaders and “ambassadors” for the Buffalo Bills since 2008 would benefit from any resolution as opposed to just the five individuals who brought the case.
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