News About Current Cases: Long Island Law Firm | Misiano Shulman Capetola & Kessler LLP Attorney Lawyer Melville NY

Affinity Health Plan – Unpaid Overtime

Misiano Shulman Capetola & Kessler, LLP., (“MSCK”) announces that it has filed a class action lawsuit on behalf of the current and former employees of Affinity Health Plan, alleging that the Bronx based employer failed to pay more than 100 of its employees overtime premium pay for those hours worked in excess of 40 per week. Defendant is in the business of providing health insurance to residents of New York State. The plaintiffs are current and former marketing representatives who frequently worked in excess of 40 hours per week.

The complaint, which was filed in the United States District Court, Southern District of New York, is titled Morris v. Affinity Health Plan, Inc., and was assigned to the Hon. Deborah A. Batts, U.S.D.J. and Michael H. Dollinger, U.S.M.J. – Docket Number – 09CV1932, alleges that the defendant had a policy and practice of requiring its marketing representatives to work in excess of 40 hours per week, without providing them with overtime premium pay.

The plaintiffs are seeking their back wages and liquidated damages under the Fair Labor Standards Act and the New York State Labor Law.

For further information regarding this matter, please contact Troy L. Kessler or Joseph J. Capetola.

Trade-Winds Environmental Restoration & Windswept Environmental Group – Unpaid Overtime, Unpaid Wages, Failure to Make 401(k) Contributions

Misiano Shulman Capetola & Kessler, LLP., (“MSCK”) announces that it has filed a class action lawsuit on behalf of all current and former employees of Trade-Winds Environmental Restoration and Windswept Environmental Group, alleging that the Long Island based employers failed to pay more than 100 of its employees any wages for work performed for a period of time encompassing late 2008 and early 2009. Defendants are in the business of performing large scale environmental clean-ups to both public and private entities throughout the world.

The complaint, which was filed in the United States District Court, Eastern District of New York, and was assigned to the Hon. Arthur D. Spatt, U.S.D.J. and A. Kathleen Tomlinson, U.S.M.J. – Docket Number – 09CV1113, alleges that the defendants also deducted 401(k) money from its employees’ pay checks, but failed to send that money to their employees’ 401(k) accounts. Further, the complaint also alleges that many of their employees worked without receiving proper overtime compensation.

The plaintiffs are seeking their back wages and benefits together with liquidated damages under the Fair Labor Standards Act, Employment Retirement Income Security Act and the New York State Labor Law. This case was recently featured in Newsday and can be found at http://www.newsday.com/business/ny-bzpay0912634969apr08,0,7850355.story

For further information regarding this matter, please contact Troy L. Kessler or Joseph J. Capetola.

Pancho Villa’s Restaurants – Unpaid Overtime and Unlawful Tip Retention

Misiano Shulman Capetola & Kessler, LLP., (“MSCK”) announces that a class action has been conditionally certified on behalf of all current and former employees of Pancho Villa’s of Huntington, Pancho Villa’s of Hunting Station and Pancho Villa’s of Glen Cove, alleging that the employees have been improperly denied overtime compensation.

The matter is pending in the United States District Court, Eastern District of New York, and has been assigned to the Hon. Sandra J. Feuerstein, U.S.D.J. and to the Hon. E. Thomas Boyle, U.S.M.J., under Docket Number 09CV486. Notices will be sent to all of the current and former employees of Pancho Villa’s, advising them of their right to participate in the lawsuit. Attached is a copy of the decision from Magistrate Justice Boyle.

The current and former employees of Pancho Villa’s are seeking back pay, together with liquidated damages, as well as recovery of their improperly retained tips. The named Plaintiffs are seeking to represent all of the employees who have ever worked at Pancho Villa’s, as either waiters, busboys, cooks or cleaners.

Decision-from-MJ-Boyle-1-15-10

For further information regarding this matter, please contact Troy L. Kessler or Joseph J. Capetola.

ImaginAsian Entertainment - Unpaid Overtime & Unpaid Wages

Misiano Shulman Capetola & Kessler LLP has filed a class action lawsuit against Imaginasian Entertainment, Inc., Augustine Hong, Adam Ware, and J. Edward Lee, who operate Imaginasian Entertainment, cable broadcasting network.

The class action lawsuit alleges that the defendants forced the plaintiffs to work greater than forty (40) hours per week, without payment of overtime or even minimum wages, in violation of federal and state overtime laws (Fair Labor Standards Act "FLSA" or New York State Labor Law). Additionally, the class action lawsuit alleges that the defendants failed to pay any wagesto many of its employees, located in New York, New Jersey and California

The case is formally titled Cha, et. al. v. Imaginasian Entertainment, et. al., is pending in the United State District Court, Southern District of New York, under docket number 09CV1120 and is assigned to District Court Judge Robert W. Sweet and Magistrate Judge Frank Mass.

If you worked for or know any individuals who worked for ImagineAsian Entertainment, or would otherwise like to discuss this matter, please contact Troy L. Kessler or contact Joseph J. Capetola.

South Country Central School District — Unpaid Overtime

Misiano Shulman Capetola & Kessler LLP has filed a class action lawsuit against South Country Central School District, which operates public schools in Bellport, Brookhaven and Patchogue, Suffolk County, State of New York.

The class action lawsuit alleges that the defendants forced the plaintiffs, who were employed as school security guards, to work greater than forty (40) hours per week, without payment of overtime, in violation of federal and state overtime laws (Fair Labor Standards Act "FLSA" or New York State Labor Law).

The case is formally titled Payne, et. al. v. South Country Central School District, and is pending in the United State District Court, Eastern District of New York, under docket number 08CV3902 and is assigned to District Court Judge Arthur D. Spatt and Magistrate Judge A. Kathleen Tomlinson.

If you worked for South Country Central School District, at any time since 2002, and wish to participate in this matter, or if you would otherwise like to discuss this matter, please contact Troy L. Kessler or contact Joseph J. Capetola.

Lend America — Unpaid Overtime

Misiano Shulman Capetola & Kessler LLP has filed a class action lawsuit against Ideal Mortgage Bankers, Ltd. d/b/a Lend America, Michael Ashley and Michael Primeau, a mortgage bank which provides mortgage banking services to customers throughout the United States, alleging that Lend America violated federal and state overtime laws (Fair Labor Standards Act "FLSA" or New York State Labor Law) by failing to pay overtime to their employees who worked in excess of forty hours per week.

The plaintiffs are current and former employees of Lend America who regularly worked in excess of forty hours per week at Lend America's Melville, Long Island, New York office.

The case is formally titled Yatkowitz, et. al. v. Lend America, Inc., et. al., is pending in the United State District Court, Eastern District of New York, under docket number 07CV4301 and is assigned to District Court Judge Leonard D. Wexler and Magistrate Judge E. Thomas Boyle.

If you worked for Lend America and wish to participate in this matter, or would otherwise like to discuss this matter, please contact Troy L. Kessler or contact Joseph J. Capetola.

IGA — Unpaid Overtime

Misiano Shulman Capetola & Kessler LLP has filed a class action lawsuit against Four M. Food Corp., Richard Lukeman, William Lukeman and Gregory Lukeman, which operates three IGA Grocery Stores located in Copiague, Bohemia and Brentwood, New York.

The case is formally titled Cano, et. al. v. Four M. Food Corp., et. al., is pending in the United State District Court, Eastern District of New York, under docket number 08CV4301 and is assigned to District Court Judge Joseph F. Bianco and Magistrate Judge A. Kathleen Tomlinson.

If you worked for IGA Grocery Store in Copiague, Bohemia or Brentwood, and wish to participate in this matter, or would otherwise like to discuss this matter, please contact Troy L. Kessler or contact Joseph J. Capetola.

Golden Pear Café — Unpaid Overtime

Misiano Shulman Capetola & Kessler LLP has filed a class action lawsuit against The Golden Pear Corporation, East End Alliance Corporation d/b/a Golden Pear Café, and Keith E. Davis, who operate the Golden Pear Café, located in Southampton, Bridgehampton, East Hampton and Sag Harbor.

The cafés, serve breakfast and lunch, and caters parties throughout the Hamptons. The class action lawsuit alleges that the plaintiffs worked in excess of forty hours per week, without proper payment of overtime, in violation of federal and state overtime laws (Fair Labor Standards Act "FLSA" or New York State Labor Law).

The case is formally titled Nolan, et. al. v. The Golden Pear Corporation, et. al., is pending in the United State District Court, Eastern District of New York, under docket number 08CV2825 and is assigned to District Court Judge Thomas C. Platt and Magistrate Judge E. Thomas Boyle.

If you worked for Golden Pear Café, in Southampton, Bridgehampton, East Hampton or Sag Harbor, and wish to participate in this matter, or would otherwise like to discuss this matter, please contact Troy L. Kessler or contact Joseph J. Capetola.