New York City Employment Law News
Employment Law
BENJAMIN STEAKHOUSE LAWSUIT
Dec 22
Click Here to view the Complaint- Scanned Complaint_11 Civ. 9401 (PKC)
Fitapelli & Schaffer filed a class action lawsuit in the Southern District of New York, against Benjamin Steakhouse, an upscale steakhouse in Manhattan. The restaurant is owned by Alban “Benjamin” Prelvukaj, a former employee of Peter Luger. We allege that our client and similarly situated hourly, tipped employees, such as servers, bussers and bartenders were not paid full minimum wage and overtime for all the hours they worked. Even though tipped employees clocked in and out for every shift, their paychecks grossly underestimated the hours they actually worked. We also allege that tipped employees are entitled to full minimum wage, rather than the reduced minimum wage, because the tip pool included non-tip eligible employees, such as glass polishers and silver polishers. If somebody worked for Benjamin Steakhouse within the past 6 years, they should contact Fitapelli & Schaffer to join the case.
| Print article | This entry was posted by bschaffer on December 22, 2011 at 9:34 pm, and is filed under Class Action, Employment Law, FLSA, Gratuities, Minimum Wage, Overtime. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |
Accountants Entitled to Overtime Pay
Dec 20
Even though accountants are always classified as exempt and not paid overtime when they work over 40 hours per week, they are very likely to be entitled to overtime pay. Most accounting firms classify all accountants as exempt from receiving overtime, regardless of the job they actually perform. Non-licensed accountants are very likely entitled to overtime pay. This appears to be an industry-wide epidemic. As an example, a Federal Court in New York just ruled that certain accounting employees for Deloitte & Touche can receive Court authorized notice of an overtime lawsuit that covers the following job titles nationwide: Audit Assistants, Audit Senior Assistants, Audits in Charge and Audit Seniors. Non-Licensed accountants should call the firm for a free consultation regarding overtime pay.
| Print article | This entry was posted by bschaffer on December 20, 2011 at 3:45 pm, and is filed under Class Action, Employment Law, FLSA, Overtime. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |
Applebee’s Decision Regarding Minimum Wages for Tipped Employees
Dec 9
An Appeals Court has recently ruled against Applebee’s regarding the payment of minimum wage to tipped employees. In that case, tipped employees, such as servers, bartenders and bussers spent more than 20% of their day performing non-tipped related activities, such as setting tables, cleaning silverware, filling salt and pepper shakers, cutting fruits and vegetables and general cleaning. Since tipped employees spent more than 20% of their day performing non-tipped related duties, they were entitled to the full minimum wage of $7.25 per hour, rather than the tipped minimum wage, which is currently $5 per hour in New York. Tipped employees should keep track of how many hours per shift they are performing non-tipped work, as they may be entitled to the difference between the full minimum wage rate and the tipped minimum wage rate plus 100% as a penalty.
| Print article | This entry was posted by bschaffer on December 9, 2011 at 5:31 pm, and is filed under Class Action, Employment Law, FLSA, Gratuities, Minimum Wage. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |
LAWSUIT AGAINST CAPITAL GRILLE
Nov 18
Fitapelli & Schaffer filed a nation-wide class and collective action against Capital Grille, a chain of over 40 upscale steak houses. We are seeking to represent all tipped employees, including servers, bartenders, bussers, runners and barbacks who currently or have worked for the company for the past six years. We allege the following violations:
1. Minimum Wage- Employees should have been paid $7.25 per hour and should have been compensated for having to arrive at work 15 minutes before the start of their shift and for all work performed after they punched out at the end of their shift;
2. Overtime- Employees should have been paid $10.86 if they worked over 40 hours per week;
3. Misappropriated tips- Employees should not have been required to tip-out the Silver Polisher and Dishwasher;
4. Uniform Maintenance Pay- Employees should have been reimbursed for dry cleaning their dark brown blazer;
5. Spread of Hours- Employees should have been paid one extra hour at $7.25 if they worked over 10 hours in one day.
| Print article | This entry was posted by bschaffer on November 18, 2011 at 4:54 pm, and is filed under Class Action, Employment Law, FLSA, Gratuities, Minimum Wage, Overtime. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |
