Directory:Fitapelli & Schaffer, LLP

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Fitapelli & Schaffer, LLP
Fitapelli & Schaffer, LLP logo
Type [[Company_Type:=Private|Private]]
Founded {{{foundation}}}
Headquarters Template:Country data US [[City:=New York|New York]], [[State_Name:=New York|New York]], [[Country_Name:=United States|USA]]
Key people[[Key_Person1:=Joseph A. Fitapelli|Joseph A. Fitapelli]], Partner
Brian S. Schaffer, Partner
Industry[[NAICS_Code1_Title:=Offices of Lawyers|Offices of Lawyers]]
[[NAICS_Code2_Title:=Offices of Lawyers|Offices of Lawyers]]
EmployeesGreen Arrow Up.svg (2008)
Contact 475 Park Avenue South
New York, NY 10016-0018
[ Fitapelli & Schaffer, LLP website]
Reference NAICS: 541110, 541110
New York: [[Region:=New York|NYC]]
Latitude: 40° 44' 43.301"
Longitude: -73° 58' 55.5834"

Fitapelli & Schaffer, LLP is a New York City employment law firm located in the heart of Midtown Manhattan.

About Us

The New York City employment lawyers at Fitapelli & Schaffer represent employees in their claims for wage and hour violations, overtime, wrongful termination, discrimination, harassment and all other employment law matters. Our attorneys have recovered tens of millions of dollars and have represented thousands of employees in local, state, and federal courts throughout New York State.


Our employment lawyers are dedicated to protecting the rights of employees in workplace and to combating illegal and unfair work policies and practices. Our practice is limited to employment law only.

NYC Employment Lawyers

Fitapelli & Schaffer represents individuals in all aspects of employment law. Our practice includes the litigation of employment law claims including: wage violations, discrimination based upon race, pregnancy, national origin and sexual orientation. We also represent those who have been sexually harassed, retaliated against, or otherwise terminated in violation of federal, state or local laws, including the New York State and City Human Rights Laws. Additionally, we represent individuals against employers who fail to pay wages or commit overtime violations pursuant to the New York State Labor Law and the Fair Labor Standards Act. We litigate against employers of all sizes and have represented clients from executives and sports figures to service employees and office support staff personnel.

Our firm is dedicated to employee rights and safeguarding an individual’s right to work in an environment that is free from discrimination, harassment and wage and hour violations. Recognizing the sensitive nature of these matters, we only accept employment discrimination cases after a comprehensive interview and investigation into the facts underlying each particular case.

Wage and Hour Violations

Fitapelli & Schaffer represents individuals who have been wrongfully denied their proper wages. In New York, a person must be paid a minimum wage of $8.75 per hour and $13.13 per hour overtime for all hours over 40 hours worked per week. Even salaried employees may be eligible for overtime, including office workers, telephone operators, help desk employees, construction workers and repair technicians.

Food Service employees, such as waiters and bartenders must be paid the minimum wage of $5.00 per hour and $9.68 per hour overtime for all hours over 40 hours worked per week. Management should not withhold any portion of the employee’s tips and cannot deduct from an employee’s pay for customer walkouts, credit card fees and breakages.

Severance Agreements

Fitapelli & Schaffer offers services including the drafting and negotiation of compensation and severance agreements. It is recommended that an attorney review any document with such legal significance prior to you signing such a document. Our firm is often able to negotiate more favorable terms for our clients, including additional payments, bonuses, commissions, health benefits, retirement, vacation and sick days, outplacement services and positive letters of reference upon termination.

Discrimination and Harassment

Every person has the right to work in an environment free from discrimination. Fitapelli & Schaffer represents individuals who have been wrongfully terminated based on their race, pregnancy, age, disability, national origin, sexual orientation and gender. Employees being treated differently from their co-workers, should complain in writing to a supervisor by e-mail or letter. If that employee is fired for complaining, he/she may have a claim for retaliation.

Our office also represents women and men that have been sexually harassed or subjected to inappropriate behavior which creates a hostile work environment. This inappropriate behavior can include but is not limited to: comments, touching, phone calls and e-mails. Complaints of such behavior should be made to management in writing. Once a complaint is made, an employer should record and address the employee’s complaint. If that employee is fired for complaining, he/she may similarly have a claim for retaliation.

Partner Profiles

Joseph A. Fitapelli

Mr. Fitapelli is a seasoned employment lawyer with extensive experience in state and federal court. His firm has recovered tens of millions of dollars for their clients in claims against their employers for unlawful and unfair workplace practices and policies.

He has successfully authored and argued briefs that have led to new interpretations of Federal and State employment laws favoring his clients and paving the way for others to assert their rights. His successes in handling high profile, complex cases have been featured in the New York Law Journal, various local newspapers and other legal publications. As a result, he is frequently consulted by members of the press and legal communities on an array of matters.

A New York Law School graduate, he is also a presidential scholar and cum laude graduate of St. Francis College with a B.A. in English. Mr. Fitapelli is a member of the New York State Bar Association. He is licensed to practice law in New York State and the United States District Courts for the Southern and Eastern Districts of New York.

Brian S. Schaffer

Mr. Schaffer is a former Judicial Clerk in Kings County who began his legal career at one of the largest music publishing companies in the country, drafting contracts for artists and executives. Thereafter, he transitioned to a well-known employment law firm located in New York’s financial district. During his tenure there, he litigated against some of the largest companies in the United States, advocating for those who were sexually harassed, discriminated against and wrongfully terminated. He also represented the interests of well-known sports figures, including several PGA golfers.

Over the last several years, Mr. Schaffer has expanded his practice to include representing individuals who have been denied minimum wage and overtime even though they work extremely long hours. Mr. Schaffer also represents individuals in a wide variety of labor and employment law matters, including claims of discrimination, harassment, retaliation, wrongful discharge, failure to accommodate disabilities, family and medical leave violations, and breach of contract.

Mr. Schaffer received his undergraduate degree in Philosophy, Politics and Law from Binghamton University and earned his Juris Doctor from New York Law School, where he was on the dean’s list. He is licensed to practice law in New York State and the United States District Courts for the Southern and Eastern Districts of New York. Mr. Schaffer is a member of the New York County Lawyers Association and the National Employment Lawyers Association.

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Disclaimer - Attorney Advertising. The material contained in this website is for informational purposes only and is not to be considered legal advice. An attorney-client relationship is not created by visiting this website. Prior results do not guarantee a similar outcome.

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NYC Employment Lawyers for unpaid wages, overtime, discrimination, harassment and wrongful termination.