Current Cases

Fidelis Care New York – Unpaid Overtime

Together with co-counsel, Shulman Kessler LLP, has filed a class action lawsuit on behalf of current and former employees in Fidelis Care New York's Clinical and Nursing job family.

We allege that Fidelis denied overtime pay to employees in its Clinical and Nursing job family, including its Case Managers, Care Managers, Care Coordinators, Utilization Reviewers and Intake Nurses, by misclassifying them as exempt from the overtime law. The Fidelis family of health insurance companies has more than 1.7 million members in New York. The plaintiff claims that she and other co-workers worked over 40 hours a week without overtime pay, despite spending most of their time performing work for which the law requires the payment of overtime. This lawsuit seeks to recover these unpaid wages, along with liquidated damages, owed to those employed in Fidelis' Clinical and Nursing job family who worked over 40 hours a week at any time since July 2013.

Click here to view a copy of the complaint.

If you worked for Fidelis between 2013 and the present, and you wish to join this case, or otherwise have any questions regarding this matter, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100.

Kaufman Enterprises, LLC – Unpaid Overtime

Shulman Kessler LLP, has filed a class action lawsuit on behalf of current and former Assistant Store Managers employed by McDonald's franchisee Kaufman Enterprises, LLC.

We allege that Kaufman Enterprises denied overtime and other pay to its Assistant Store Managers by misclassifying them as exempt from the overtime law. Kaufman Enterprises is a large McDonald's franchisee that operates 16 McDonald's on Long Island. The plaintiff claims that he and other Assistant Store Managers worked over 40 hours a week without overtime pay, despite spending most of their time performing the work of a hourly crew member. This lawsuit seeks to recover these unpaid wages, along with liquidated damages, owed to those Assistant Store Managers who worked over 40 hours a week at any time since March 2013.

Click here to view a copy of the complaint.

If you worked for Kaufman Enterprises between 2013 and the present, and you wish to join this case, or otherwise have any questions regarding this matter, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100.

Crystal Café Dancers – Misclassified Denied Minimum Wage And Overtime

Shulman Kessler LLP, filed a class action on behalf of all dancers that worked at Crystal Café an adult entertainment lounge located in Farmingdale, NY over the last six years.

We allege that the Crystal Cafe misclassified their dancers as independent contractors and failed to pay them the minimum wage and overtime. On behalf of these individuals, we are seeking unpaid minimum wages, overtime wages, liquidated damages and other damages as a result of Crystal Café’s violation of federal and state law.

If you worked for Crystal Cafe at any time between April 2013 and the present, and you wish to join the case, or have any questions regarding it, please contact Troy L. Kessler or Saranicole Duaban at 631-499-9100.

TEACHERS FEDERAL CREDIT UNION EMPLOYEES – SEX AND RACE DISCRIMINATION

Shulman Kessler LLP, along with co-counsel, filed a race and sex discrimination class action against Teachers Federal Credit Union.

We allege that the Teachers Federal Credit Union denied Black women the opportunity to work as branch managers. On behalf of these individuals, we are seeking back pay, front pay, lost benefits, preferential rights to jobs and other damages as a result of Teachers Federal Credit Union's violation of federal and state law.

If you worked for Teachers Federal Credit Union at any time between 2014 and the present, and you wish to join the case, or have any questions regarding it, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100.

LANE BRYANT STORE MANAGERS – UNPAID OVERTIME

Shulman Kessler LLP, along with co-counsel, filed a class and collective action lawsuit on behalf of current and former store managers who worked at Lane Bryant retail stores.

We allege that Lane Bryant denied overtime pay to its store managers, by requiring to work off the clock, without receiving any pay. On behalf of these store managers, we are seeking back wages and liquidated damages under the Fair Labor Standards Act and applicable state law.

If you worked for Lane Bryant as a store manager at any time between 2015 and the present, and you wish to join this case, or have any questions regarding it, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100.

TITAN FIRE – UNPAID OVERTIME

Shulman Kessler LLP, has filed a collective action lawsuit on behalf of current and former laborers for Titan Fire Sprinklers Inc. ("Titan"). Titan is also known as Titan Fire Sprinklers and Titan Fire Protection, Inc.

We allege that Titan denied overtime pay to its workers, even though they regularly worked over 40 hours a week, and forced workers to buy their own tools. The lawsuit seeks back wages and liquidated damages under the Fair Labor Standards Act and New York Labor Law.

If you worked for Titan between 2013 and the present, and you wish to join this case, or otherwise have any questions regarding this matter, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100.

GENERAL DYNAMICS UNPAID OVERTIME

Shulman Kessler LLP, along with co-counsel, filed a collective action lawsuit on behalf of current and former Customer Service Representatives ("CSR") for General Dynamics Information Technologies ("General Dynamics").

We allege that General Dynamics denied overtime pay to its CSRs because General Dynamics failed to record all of the work CSRs performed at and before the start of their shifts. Specifically, CSRs allege that they were required to, among other things, log onto their computers, read emails, check the schedule, and log onto essential computer programs – all before logging onto their phones – without being paid for this time. On behalf of these CSRs, we are seeking back wages and liquidated damages under the Fair Labor Standards Act.

If you worked for General Dynamics as a CSR since 2015 and the present, and you wish to join this case, or have any questions regarding it, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100.

ZOCDOC – UNPAID OVERTIME

Shulman Kessler LLP filed a class and collective action lawsuit on behalf of a former sales origination associates and inside sales executives (together known as "inside sales personnel") at ZocDoc, Inc.

We allege that ZocDoc failed to provide overtime pay to its inside sales personnel, and paid them a salary plus commissions with no additional overtime premium. The case alleges that ZocDoc misclassified its inside sales personnel as exempt under the Fair Labor Standards Act and New York Labor Law, and as a result, failed to pay them overtime wages when they worked more than 40 hours in a workweek. On behalf of ZocDoc's inside sales personnel, we are seeking back wages and double damages.

If you worked at ZocDoc between 2012 and the present, and you wish to join this case, or otherwise have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100.

TSU GLOBAL – UNPAID OVERTIME & UNPAID TIPS

Shulman Kessler LLP, has filed a class action lawsuit on behalf of current and former drivers for TSU Global Services Inc., also known as, Center City Transportation Inc. and Center City Limo ("TSU").

We allege that TSU denied overtime pay to its drivers, even though drivers regularly work over 40 hours a week, and failed to remit the drivers’ gratuities to them when customers tipped them by credit card or company account. On behalf of these drivers, we are seeking back wages and liquidated damages under the Fair Labor Standards Act and New York Labor Law.

If you worked for TSU as a driver between 2012 and the present, and you wish to join this case, or otherwise have any questions regarding this matter, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100.

CONSUMERS KITCHENS & BATH – UNPAID OVERTIME WAGES

Shulman Kessler LLP, has filed a class action lawsuit on behalf of current and former kitchen and bath designers for Consumers Warehouse Center, Inc., also known as, Consumers Kitchens & Bath ("Consumers").

We allege that Consumers denied overtime pay to its designers, even though Consumers required them to work over 40 hours a week. On behalf of these designers, we are seeking back wages and liquidated damages under the New York Labor Law.

If you worked for Consumers as a designer between 2011 and the present, and you wish to join this case, or otherwise have any questions regarding this matter, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100

Big City Automotive Warehouses - Unpaid Overtime Wages

Shulman Kessler LLP, has filed a class action lawsuit on behalf of current and former employees of Big City Automotive Warehouses. Big City Automotive Warehouses is a regional provider of auto parts to automotive dealerships throughout the New York metropolitan area. Big City Automotive Warehouses, operates more than 15 locations throughout New York and New Jersey. We allege that Big City Automotive Warehouses failed to pay its delivery drivers overtime and the minimum wage for all hours worked. Additionally, we allege that Big City Automotive Warehouses violated the New York State anti-kickback laws by failing to reimburse its drivers for expenses incurred while completing deliveries.

On behalf of these delivery drivers, we are seeking back wages and liquidated damages under the Fair Labor Standards Act and the New York State Labor Law.

If you worked for Big City Automotive Warehouses, as a delivery driver between 2009 and the present, and you wish to join this case, or otherwise have any questions regarding this matter, please contact Troy L. Kessler or Garrett Kaskeat 631-499-9100.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100.

Archived Cases

DIAGNOSTIC IMAGING GROUP AND RAD NET - UNPAID OVERTIME

Shulman Kessler LLP, has filed a collective action lawsuit on behalf of current and former technicians for the Diagnostic Imaging Group and Rad Net.

We allege that Diagnostic Imaging Group and Rad Net failed to provide overtime pay to its technicians, even though technicians regularly work over 40 hours a week. On behalf of these drivers, we are seeking back wages and liquidated damages under the Fair Labor Standards Act and New York Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Saranicole Duaban at 631-499-9100

DILIGENT DELIVERY SYSTEMS AND IMC - UNPAID OVERTIME WAGES-UNLAWFUL WAGE DEDUCTIONS

Together with co-counsel, Shulman Kessler LLP, has filed a class and collective action lawsuit on behalf of current and former employees of Diligent Delivery Systems and Interamerican Motor Corporation ("IMC"). Diligent Delivery Systems is a nationwide provider of "delivery solutions." Diligent Delivery Systems contracted with IMC to provide delivery services. We allege that Diligent Delivery Systems and IMC misclassified its delivery drivers as independent contractors, failed to pay them overtime wages, and required its delivery drivers to pay their own expenses including gas, insurance, and vehicle maintenance. On behalf of these delivery drivers, we are seeking back wages and liquidated damages under the Fair Labor Standards Act and California State Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

TECHSOL F/K/A TECHNOLOGY SOLUTIONS - UNPAID OVERTIME WAGES-UNLAWFUL WAGE DEDUCTIONS

Shulman Kessler LLP, together with co-counsel, has filed a class and collective action lawsuit on behalf of current and former cable installation and repair technicians for Techsol LLC formerly known as Technology Solutions Inc. ("TSI").

We allege that TSI denied overtime pay to its technicians, and also unlawfully made deductions from their wages. On behalf of these technicians, we are seeking back wages and liquidated damages under both the Fair Labor Standards Act and New York Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Saranicole Duaban at 631-499-9100

PACE UNIVERSITY GRADUATE ASSISTANTS - UNPAID MINIMUM WAGES AND OVERTIME

Shulman Kessler LLP, has filed a collective action lawsuit on behalf of current and former graduate assistants employed at Pace University's Center for Student Development and Campus Activities. We allege that Pace University failed to pay minimum wages and overtime pay to its graduate assistants. On behalf of these graduate assistants, we are seeking back wages and liquidated damages under both the Fair Labor Standards Act ("FLSA") and New York Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Saranicole Duaban at 631-499-9100

MERRILL LYNCH - UNPAID OVERTIME WAGES

Shulman Kessler LLP, together with co-counsel, has filed a class and collective action lawsuit on behalf of current and former Merrill Lynch Client Associates. We allege that Merrill Lynch required Client Associates to work beyond their regular schedule without pay ("off-the-clock work"). And, that much of this off-the-clock work took place during lunch, at nights, and on weekends. On behalf of these Client Associates, we are seeking back wages and liquidated damages under both the Fair Labor Standards Act ("FLSA") and state labor laws.

If you have any questions regarding this matter, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100

SLEEPY'S DELIVERY DRIVERS - UNLAWFUL WAGE DEDUCTIONS

Shulman Kessler LLP, together with co-counsel, has filed a class action lawsuit on behalf of current and former delivery drivers for Sleepy's, Joseph Eletto Transfer and I. Williams Associates. We allege that Sleepy's, Joseph Eletto Transfer and I. Williams Associates employed delivery drivers to mattresses and furniture to customers throughout New York. We allege that Sleepy's, Joseph Eletto Transfer and I. Williams Associates misclassified its delivery drivers as independent contractors, and unlawfully made deductions from their wages. On behalf of these delivery drivers, we are seeking back wages and liquidated damages under New York law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

HAMPTON CREEK - UNPAID OVERTIME WAGES AND UNLAWFUL WAGE DEDUCTIONS

Shulman Kessler LLP, has filed a collective action lawsuit on behalf of current and former employees of Hampton Creek, Inc. Hampton Creek produces and market eggless food products for nationwide sale. We allege that Hampton Creek failed to pay its relationship specialists overtime and the minimum wage for all hours worked. Additionally, we allege that Hampton Creek violated the New York State anti-kickback laws by failing to reimburse its relationship specialists for expenses incurred while preparing for and conducting food demonstrations. On behalf of these relationship specialists, we are seeking back wages and liquidated damages under the Fair Labor Standards Act and the New York State Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

VISITING NURSE SERVICE OF NEW YORK - UNPAID OVERTIME WAGES

Shulman Kessler LLP, has filed a collective action lawsuit on behalf of current and former employees of the Visiting Nurse Service of New York. Visiting Nurse Service of New York offers eligible individuals' government based health insurance programs, such as Medicaid. The Visiting Nurse Service of New York employs Community Outreach Coordinators, to distribute information to local community based organizations about its health plans. We allege that the Visiting Nurse Service requires its Community Outreach Coordinators to work greater than 40 hours per workweek, without providing them with proper overtime pay. The complaint alleges that the Visiting Nurse Service of New York has violated the Fair Labor Standards Act and the New York Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

RED ROBIN GOURMET BURGERS - UNLAWFUL TIP SHARING AND UNPAID MINIMUM WAGES

Shulman Kessler LLP, has filed a class action lawsuit on behalf of current and former employees of Red Robin Gourmet Burgers. Red Robin Gourmet Burgers operates more than 15 casual dining restaurants in New York and more than 500 across the United States. We allege that Red Robin Gourmet Burgers required its servers and wait-staff to share their hard earned tips with food expeditors in violation of the New York Labor law. We also allege that Red Robin Gourmet Burgers required its servers and wait-staff to spend more than 20 percent of their time performing work that was unrelated to serving customers, and in doing so failed to pay the proper minimum wage. On behalf of these workers, we are seeking back wages, and liquidated damages under the Fair Labor Standards Act and the New York State Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100

MACY'S FURNITURE DELIVERY WORKERS - UNLAWFUL WAGE DEDUCTIONS

Shulman Kessler LLP, together with co-counsel, has filed a class action lawsuit on behalf of current and former delivery drivers for Macy's, Joseph Eletto Transfer and I. Williams Associates. We allege that Macy's, Joseph Eletto Transfer and I. Williams Associates employed furniture delivery drivers to deliver furniture to customers throughout Massachusetts. We allege that Macy's, Joseph Eletto Transfer and I. Williams Associates misclassified its delivery drivers as independent contractors, and unlawfully made deductions from their wages. On behalf of these delivery drivers, we are seeking back wages and liquidated damages under both Massachusetts and New York law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

FASHION WEEK WORKERS - UNPAID OVERTIME WAGES

Shulman Kessler LLP, has filed a class action lawsuit on behalf of current and former New York Fashion Week workers employed by IMG Worldwide, IMG Models and William Morris Endeavor Entertainment. IMG and William Morris manage the production of New York Fashion Week which is held in New York City in February and September of each year. Fashion Week consists of a series of events where internationally renowned fashion designers show their collections to buyers, the press and the public. The Fashion Week workers we represent were part of the House Crew. The House Crew is responsible for handling the logistics of New York Fashion Week, including, providing support to vendors and contractors, handling delivery, warehousing and disbursements of supplies, and setting up and breaking down furniture and barricades. The work of the House Crew is essential to making New York Fashion Week the premier event that it is. We allege that IMG and William Morris failed to pay overtime wages to members of the House Crew. On behalf of the House Crew, we are seeking back wages and liquidated damages under the Fair Labor Standards Act and the New York State Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Garrett Kaske at 631-499-9100

LACROSSE UNLIMITED - UNPAID OVERTIME WAGES

Shulman Kessler LLP, has filed a class action lawsuit on behalf of current and former employees of Lacrosse Unlimited. Lacrosse Unlimited is the world's largest lacrosse retailer. We allege that Lacrosse Unlimited unlawfully fails to pay overtime to its Assistant Store Managers when they work greater than 40 hours per workweek in violation of the Fair Labor Standards Act and the New York Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

AMERIGROUP - UNPAID OVERTIME WAGES

Shulman Kessler LLP, together with the law firm of Outten & Golden, LLP, has filed a class action lawsuit on behalf of current and former employees of Amerigroup of New York, LLC ("Amerigroup"). Amerigroup offers eligible individuals' government based health insurance programs, such as Medicaid. Amerigroup employs Marketing Representatives, to enroll eligible New Yorkers for free or low-cost government-subsidized health insurance at locations throughout New York, including at doctors' offices, hospitals, and pharmacies. We allege that Amerigroup requires its Marketing Representatives to meet daunting productivity requirements each workweek, forcing them to work in excess of 40 hours per workweek in order to avoid disciplinary action. While working greater than 40 hours per workweek, we allege that Amerigroup refused to permit Marketing Representatives to log their time, and required those Marketing Representatives to work off-the-clock, in violation of the Fair Labor Standards Act and the New York Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

BURGER BROTHERS RESTAURANT GROUP - UNPAID OVERTIME WAGES

Shulman Kessler LLP, has filed a class action lawsuit on behalf of current and former employees of Burger Brothers Restaurant Group ("Burger Brothers"). Burger Brothers owns and/or operates approximately 40 Burger King restaurants located in the Bronx, Brooklyn and Queens, as well as on Long Island. We allege that Burger Brothers misclassified its Assistant Store Managers who worked at the Burger King restaurants they owned and/or operated by Burger Brothers, and failed to pay them overtime wages. On behalf of these Assistant Store Managers, we are seeking back wages and liquidated damages under the Fair Labor Standards Act and the New York State Labor Law.

If you have any questions regarding this matter, please contact Troy L. Kessler or Ilan Weiser at 631-499-9100

ROYAL HEALTH CARE - UNPAID OVERTIME WAGES

Shulman Kessler LLP has filed, along with the law firm of Fitapelli & Schaffer, LLP, a class action lawsuit on behalf of current and former employees of Royal Health Care, formerly known as Neighborhood Health Plans. We allege that Royal misclassified its marketing representatives and violated the Fair Labor Standards Act and the New York Labor Law by failing to pay these representatives overtime wages.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

OWL'S NEST AND ROBERT MERCER - UNPAID OVERTIME WAGES, UNLAWFUL WAGE DEDUCTIONS

Together with Make the Road New York, a not-for-profit organization, Shulman Kessler LLP has filed a collective action lawsuit on behalf of the current and former domestic workers of Owl's Nest and Robert Mercer. Owl's nest is a large estate in Old Field, New York owned by Mr. Mercer. The lawsuit alleges that Owl's Nest and Robert Mercer violated the Fair Labor Standards Act and the New York Labor Law by failing to pay overtime wages to their domestic workers. Additionally, the lawsuit alleges that Owl's Nest unlawfully deducted money from the wages of its domestic workers.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

TD BANK - UNPAID OVERTIME WAGES

Shulman Kessler LLP, together with Outten & Golden LLP and the Shavitz Law Group, P.A., has filed a class action lawsuit on behalf of current and former employees of T.D. Bank. We allege that TD Bank misclassified its Assistant Store Managers and failed to pay them overtime wages. On behalf of these Assistant Store Managers, we are seeking back wages and liquidated damages under the Fair Labor Standards Act and the New York State Labor Law, as well as under various other state labor laws.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100

ADDERLEY INDUSTRIES - UNPAID OVERTIME WAGES, UNLAWFUL WAGE DEDUCTIONS

Shulman Kessler LLP has filed, along with the law firm of Fitapelli & Schaffer, LLP, a class action lawsuit on behalf of cable technicians against cable installer Adderley Industries. We are alleging that Adderley violated the Fair Labor and Standards Act and the New York Labor Law when it failed to pay overtime wages to its cable technicians. Additionally, Adderley made deductions from the technicians' earned wages without consent or authorization. On behalf of these technicians, we are seeking back wages and liquidated damages.

If you have any questions regarding this matter, please contact Troy L. Kessler or Marijana Matura at 631-499-9100