Directory:Fitapelli & Schaffer, LLP

Fitapelli & Schaffer, LLP
Slogan	Innovative.Responsive.Effective.
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]]
Employees	(2008)
Contact	1250 Broadway New York, NY 10001-3708 212.300.0375 [http://www.fslawfirm.com Fitapelli & Schaffer, LLP website]
Reference	NAICS: 541110, 541110 New York: [[Region:=New York|NYC]] Latitude: 40° 44' 53.61" Longitude: -73° 59' 18.2832"

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

About Us

The New York City law office of Fitapelli & Schaffer offers a diverse practice that provides a broad range of business and personal services. From construction litigation and real estate to labor and employment issues, our size allows us to provide our clients with individual attention. Our experience in obtaining precedent setting decisions has prepared us to handle the most complex matters. At F&S, we pride ourselves in understanding our clients’ unique needs. Our attorneys strive to provide responsive, comprehensive services representing clients in their transactions, or in local, state, and federal courts throughout New York State.

Commitment

At F&S, we are committed to realizing our clients' goals through practical counseling, technology, and an innovative approach to problem solving. Clients can expect our attorneys to be responsive, provide individual attention, and adapt to changing needs. As part of our dedication to service, we strive to provide each client with timely and efficient representation and communication on a regular basis.

Our areas of practice cover both business and personal services including: general business counseling, insurance, real estate, construction litigation, alternative dispute resolution, and labor and employment law. In assisting our clients, we will offer quality service, the advantage of our knowledge and experience and the benefit of the relationships we have developed. The partners at F&S have achieved success in groundbreaking cases that have significantly impacted the legal landscape of New York. While our goal is to provide quality representation, we recognize that a costly victory may sometimes be a hollow victory. Therefore, we strive to identify cost savings from the outset of representation, sometimes in areas the client may not have previously considered.

F&S attorneys have excellent academic credentials, diverse backgrounds and a wide range of experiences. We are not only dedicated to the service of clients, but also to the communities in which clients and firm personnel live and work. Partners of the firm are active in educational, professional, civic, governmental and arts-related organizations. We welcome the opportunity to provide formal or informal lectures and presentations, as well as fulfill requests for articles.

Areas of Practice

Business Services

Business Counseling

Fitapelli & Schaffer offers a wide range of customized legal services including: business entity formation, organization and structure, negotiation and drafting of contractual agreements, contract dispute resolution, succession planning, purchases, mergers and acquisitions, joint ventures, and partnership transactions. We also provide employment related services such as attendance at hearings, preparation of employment and confidentiality agreements, and the development of employment and internal policy manuals.

We strive to protect our clients from unnecessary risks by managing their legal issues so they can focus on what is most important, developing and maintaining their businesses. Finally, while we endeavor to resolve most issues pre-litigation, we recognize that certain situations may have no alternative to formal proceedings. In those cases, we are prepared to vigorously represent our client before the appropriate state or federal court.

Real Estate Acquisition and Development

In addition to acquisition and sales representation, we offer services to local developers and individuals in the creation and implementation of development plans. We assist clients in drafting development plans, obtaining local and municipal approvals and tax abatements, financing, securing property appraisals and preparing purchase and sale agreements.

Construction Litigation

Our partners have handled many types of construction claims brought by or against owners, developers, contractors, vendors, design professionals and builders’ risk insurers. We have experience in litigation relating to mold, asbestos, slab systems, structural failures, building collapses, mechanical systems, fire suppression systems, sanitary sewer systems, and breaches of fiduciary duty.

Since each construction dispute presents a unique situation, we have been able to establish relationships with an extensive array of leading experts. These include indoor air quality (IAQ) experts, engineers, mold experts and repair contractors. These relationships enable us to quickly assemble the right team to support our position, and provide effective, cost-conscious representation.

Personal Services

Labor and Employment

Fitapelli & Schaffer represents individuals in all aspects of labor relations and employment law. Our practice areas include 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 civil 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 $7.15 per hour and $10.70 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 $4.60 per hour and $6.90 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 attorney with extensive experience in state and federal court, in diverse areas of law including: civil and commercial litigation, real estate and business counseling. He has represented his clients in multi-million dollar breach of contract claims, as well as a broad spectrum of transactions. Mr. Fitapelli has also defended his clients in complex, high exposure matters such as products liability, New York City Asbestos Litigation, toxic mold cases, chemical release events and lead exposure claims. His clients have ranged from Fortune 500 companies and insurers, to land owners, builders, developers and countless individuals from occupations as varied as an “A-List” actor and an Oscar winning director to construction workers, teachers and service employees.

He has successfully authored and argued appellate briefs and summary judgment motions that have led to new interpretations of the law favoring his clients on issues such as expert preclusion, products liability and landowner liability. Mr. Fitapelli has achieved consistent favorable results at trial, arbitrations and mediations. 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 business 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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External links

• Fitapelli & Schaffer, LLP website

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Business Lawyers. Construction Lawyers. Employment Lawyers. Real Estate Lawyers.