Spread of Hours

Jacques NYC Lawsuit

Fitapelli & Schaffer, LLP filed a class action lawsuit on August 22, 2014, in the United States District Court for the Southern District of New York against Jacques Restaurant Group on behalf of all line cooks, food preparers, dishwashers, servers, bussers, runners, bartenders, and cooks (“Restaurant Workers”) who work or have worked at Jacques Brasserie located at 204 East 85th Street, New York, New York, Jacques 1534 located at 20 Prince Street, New York, New York, or The Pitch & Fork located at 1606 1st Avenue, New York, New York.  The lawsuit alleges that the Restaurant Workers were not paid the proper minimum wages, overtime pay, and spread-of-hours pay as required under the Fair Labor Standards Act and the New York Labor Law.  Additionally, the lawsuit seeks to recover damages related to misappropriated gratuities, failure to provide annual wage notices, and failure to provide accurate wage statements.

We are seeking to represent all line cooks, food preparers, dishwashers, servers, bussers, runners, bartenders, and cooks who work or have worked for any Jacques Restaurant Group location within the past six years.  Eligible employees should call us to join the case.  For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP, (212) 300-0375

Cafe Espanol Lawsuit

On August 22, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the corporate entities doing business as the Café Español restaurants located at 78 Carmine Street and 172 Bleecker Street in New York (collectively, “Café Español”).  The lawsuit alleges that despite working over 40 hours per week, cooks, food preparers, dishwashers, and kitchen helpers are only paid a fixed weekly salary and not time and one half their regular hourly wage rate as required under the Fair Labor Standards Act and the New York Labor Law.  The lawsuit is seeking unpaid overtime pay, spread-of-hours pay, and statutory penalties under the New York Labor Law.

We are seeking to represent all cooks, food preparers, dishwashers, and kitchen helpers employed at Café Español from August 2008 to present.  Eligible employees should call us to join the case.  For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP, (212) 300-0375.

Moonstruck Diner Case Update

On October 2, 2013, Fitapelli & Schaffer, LLP filed a lawsuit alleging that Defendants Moonstruck Diners failed to pay non-exempt workers the proper minimum wage rate, overtime pay and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law.

On July 2, 2014 the Court granted Plaintiff’s Motion for an Order Granting Class Certification, Court Authorization and Expedited Discovery pursuant to 29 U.S.C. § 216(b) and denied Defendants’ Cross-Motion for Judgment on the Pleadings pursuant to Fed. R. Civ. P. 12(c). Juarez v. 449 Rest., Inc., No. 13-cv-06977 (S.D.N.Y. July 2, 2014), ECF. No. 33.

The named Defendants include three Moonstruck Diner locations – 449 Restaurant, Inc., 88 2nd Ave. Food Corp., and Pirgos Food Corp. Defendant moved for judgment on the pleadings as to Plaintiff’s claims against 88 2nd Ave. Food Corp. and Pirgos Food Corp. contending that those claims should be dismissed for failure to state a claim on which relief can be granted as Plaintiff has not alleged that he ever worked more than 40 hours in any week at those two locations and therefore has not adequately pled that those locations violated the FLSA overtime provisions. The court rejected this argument, adopting the “single integrated enterprise” test pursuant to Plaintiff’s request. The court held that Plaintiff sufficiently pled facts that indicate that the three locations operated as a single integrated enterprise, thus qualifying as a single statutory “employer” under the FLSA, making 88 2nd Ave. Food Corp. and Pirgos Food Corp. additionally responsible for the hours Plaintiff worked at all three locations.

Additionally, Defendants contested Plaintiff’s Motion for Class Certification as to Plaintiff’s request that class notice be sent to employees at 88 2nd Ave. Food Corp. and Pirgos Food Corp., arguing that Plaintiff had not demonstrated a sufficient “factual nexus” between himself and the employees at these locations as he primarily worked at the 449 Restaurant, Inc. location. The Court rejected this notion holding that Plaintiff met his minimal burden at this stage of litigation with circumstantial evidence that the corporate structure suggested common ownership and control and his testimony that he worked at all three locations. Thus, Plaintiff sufficiently demonstrated that employees at 88 2nd Ave. Food Corp. and Pirgos Food Corp. were similarly situated under the FLSA as they were subject to the same unlawful policies and practices.

For more information about the Moonstruck Diners case, please visit our current cases section at www.fslawfirm.com.

Applebee’s Lawsuit

On May 15, 2014, Fitapelli & Schaffer, LLP & Outten & Golden LLP, filed a class action lawsuit against Apple-Metro, Inc. d/b/a Applebee’s Restaurant (“Applebee’s”), who own and/or operate 38 Applebee’s restaurants in New York City, Westchester and Rockland counties.  Applebee’s is a popular restaurant brand.  This lawsuit alleges that Applebee’s failed to pay proper minimum wages, overtime pay, spread-of-hours pay, and uniform-related expenses to servers, bussers, runners, bartenders, barbacks, hosts, and other tipped workers as required under the New York Labor Law.  Additionally, this lawsuit seeks to recover misappropriated tips, unlawful deductions from paychecks, and failure to keep accurate records in violation of the New York Labor Law.  We are seeking to represent all tipped workers, including, servers, bussers, runners, bartenders, barbacks, and hosts, employed at Applebee’s owned and/or operated by Apple-Metro, Inc., in New York, from May 2008 to present.  Eligible employees should call us to join the case.  For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP, (212) 300-0375.