If you worked in the hospitality industry as a banquet server, bartender or other service employee and your employer collected service charges, administrative fees or similar mandatory charges from banquet customers—typically, as a percentage of the banquet bill—and your employer kept some or all of those charges, you may be entitled to a monetary recovery.
Several states, including New York, Massachusetts and Pennsylvania, have laws directing when mandatory service charges must be paid to service workers as tips. Many employers are not in compliance with these laws, and, as a result, banquet service workers are entitled to money.
Thomas & Solomon, LLP, is a highly regarded collective action litigation law firm based in Rochester, New York. Our class action lawyers routinely help banquet service industry workers protect their rights, particularly in matters relating to wage and hour claims and service charge fees. We represent clients nationwide.
Current Class Actions and Investigations
If you worked as a banquet service employee in New York State in the last six years and were not paid service charges, administrative fees or similar mandatory charges automatically added to customers' bills for banquet events, you may be entitled to money. Under New York law, if an employer leads a banquet customer to believe that the contract price includes a fixed percentage, such as a service charge or administrative fee, as a gratuity, then the fixed percentage must be paid in its entirety to the banquet service staff who worked the event.
Thomas & Solomon LLP has already filed many class actions on behalf of banquet service employees in New York State and achieved settlements resulting in substantial payments to banquet service workers, including a recent settlement in excess of a million dollars. We are continuing to investigate and file new class actions on behalf of banquet servers in New York. To learn more about our Banquet Service Employee Class Actions and Investigations click here.
Massachusetts has a tip law similar to New York law which governs the distributions of service charges. If you worked as a banquet service employee in Massachusetts in the last three years and were not paid service charges billed to customers, you may be entitled to money. To learn more about our Banquet Service Employee Investigations click here.
Pennsylvania law with respect to tipped employees provides that a gratuity added to the charge made by the establishment, either by management or the customer, "shall become the property of the employee." Philadelphia also has a Gratuity Protection Bill which applies to employees working in Philadelphia. If you worked as a service employee in Pennsylvania in the last three years and were not paid service charges billed to customers, you may be entitled to money. To learn more about our Banquet Service Employee Investigations click here.
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