Changes

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.

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.

==Areas of Practice==

==NYC Employment Lawyers ==

====Labor and Employment====

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.   

 

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====

====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.

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 $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.   

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====

====Severance Agreements====

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.   

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.

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==

==Partner Profiles==

===Joseph A. Fitapelli===

===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.        

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 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.   

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.

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===

===Brian S. Schaffer===