Class Action

HSBC OVERTIME LAWSUIT

Click to view the lawsuit

Fitapelli & Schaffer and Outten & Golden have filed a class and collective action lawsuit pursuant to the Fair Labor Standards Act and New York Labor Law against HSBC, alleging failure to pay overtime to Premier Relationship Managers, Personal Banking Officers, Business Banking Specialists and Small Business Specialists.  The lawsuit alleges that these salaried employees were incorrectly classified as exempt.  We believe these employees are non-exempt because their job duties do not fall within the administrative exemption.  For example, their primary duties do not involve the exercise of discretion and independent judgment regarding matters of significance.  Rather, their primary duties include: selling financial products, opening accounts, soliciting new customers and customer service.  Current or former HSBC employees should contact us as soon as possible, in order to join the case.

EMPORIO RESTAURANT LAWSUIT

Click Here to View the Lawsuit

Fitapelli & Schaffer has filed a class and collective action lawsuit against three restaurants in New York City for failing to pay proper wages: Emporio, Aurora Soha and Aurora Williamsburg.  We allege tipped employees, such as waiters, servers, bussers, barbacks and bartenders were not paid full minimum wage, overtime when they worked over 40 hours per week and spread of hours when they worked over 10 hours per shift.  We also allege that ineligible employees (Floor captains) participated in the tip pool.  We are seeking to represent all workers employed by Emporio and Aurora restaurants over the past six years.  Eligible employees should call us to join the case, as there is a running statute of limitations.

GUSTO RESTAURANT LAWSUIT

Click Here to View the Lawsuit

On April 24, 2012, Fitapelli & Schaffer filed a class and collective action lawsuit against Gusto Restaurant in New York City.  The lawsuit alleges Gusto failed to pay their employees minimum wage, overtime, gratuities and spread of hours to servers, bussers, runners, bartenders, barbacks, dishwashers, salad and pasta preparers.  Since we filed the lawsuit, additional workers have joined the case.  We will seek to represent all eligible workers who have been employed by Gusto over the past six years.

BOSTON MARKET SETTLEMENT

Boston Market has agreed to settle an overtime claim for $3 million.  The claim was brought on behalf of assistant managers who alleged they were wrongfully misclassified as exempt from the overtime laws.  The settlement covers a nation-wide collective action pursuant to the Fair Labor Standards Act and class actions pursuant to New York and Connecticut law.  Many cases involving assistant managers are fact specific, and turn on whether the employees performed menial tasks for a majority of their workday, including acting as cashier, and stock person.  As a result, many of these assistant manager overtime cases tend to settle, as the company would have to spend an exorbitant amount of money in legal fees to defend the claim.  If you are an assistant manager working overtime, call our firm for a free consultation.