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.

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.

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.

Fitapelli & Schaffer, LLP recently filed a class and collective action lawsuit against Andres Carne De Tres, a very popular Columbian restaurant in Woodside, Queens.  We allege tipped employees were not paid minimum wage, overtime, spread of hours, gratuities and service charges.  To make matters worse, our client was paid only $30 no matter how many hours worked per shift.  We are seeking to have all current and formers waiters, bussers and bartenders join the case.

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.

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.