Archive for February, 2012

ASTORIA BREWHOUSE LAWSUIT

Click Here to Read the Complaint

Fitapelli & Schaffer recently filed a class action lawsuit against Astoria Brewhouse, a very popular night spot in Astoria, Queens.  The lawsuit alleges unpaid wages, consisting of minimum wage, overtime, spread of hours and failure to pay gratuities.  We are seeking to have the case certified as a class action, where we would represent all tipped employees who have worked at the restaurant over the past six years.  Employees are usually unaware that they must be paid full minimum wage, which is currently $7.25 per hour.  Also, if an employee works over 40 hours per week, they are entitled to be paid time and one half of their hourly rate.  In a restaurant case, managers, expediters and kitchen employees cannot receive tips.  Restaurant employees who are not being paid properly should contact us for a free consultation.

UNCLE GEORGE’S GREEK TAVERN LAWSUIT

Scanned Complaint

Fitapelli & Schaffer filed a collective action lawsuit against Uncle George’s Greek Tavern in Astoria, New York for failing to pay minimum wage, overtime and spread of hours to tipped employees and kitchen workers over the past three years.  Unfortunately, these violations are commonplace at restaurants in New York City.  Employees should be aware that they may be entitled to double damages for wage violations.

UBS TECHNICAL SUPPORT CLASS ACTION SETTLEMENT

UBS, one of the world’s largest financial services companies has agreed to pay $1.4 million to resolve an unpaid overtime class action.  The case was brought on behalf of computer technicians who alleged they were paid a salary, and were misclassified as exempt employees, thus entitling them to unpaid overtime.  Generally, computer help desk or computer customer service employees are entitled to be paid overtime, while programmers and code-writers are not.  Many help desk or customer service employees are required to spend many hours working from home, or on smartphones at all hours of the night, responding to emergencies.  Employees should be aware that if they bring a case for unpaid wages, they are protected against retaliation by their employer.  For more information regarding employees being entitled to overtime, please contact Fitapelli & Schaffer for a free consultation.

DARDEN LAWSUIT

Last week, the Restaurant Opportunities Center (ROC) filed a lawsuit in Chicago Federal Court against Darden Restaurants, parent company of Capital Grille, alleging unpaid wage violations, such as: Minimum Wage, Overtime and Spread of Hours.  The new lawsuit also requests to proceed as a class and collective action on behalf of all Capital Grille employees nation-wide.  Our firm, Fitapelli & Schaffer, LLP, filed this case first, on November 17, 2011 and we already have over 25 Plaintiffs from 7 different states.  Information about our case can be found at WWW.CAPITALGRILLELAWSUIT.COM.