The '21' Club is the latest major New York restaurant to be sued by employees repped by Maimon Kirschenbaum. In this case, the plaintiffs contend that the restaurant misappropriates tips during events at the restaurant when they keep a portion of the 18 percent service charge. Additionally, they don't factor banquet tips into employees' rates of pay when figuring out overtime rates. The restaurant tried to have the suit thrown out because the employees are in a union, but the motion was denied.
Other restaurants sued over tips in the last year: all NYC Batali restaurants, Artisanal, Brother Jimmy's, Fresco by Scotto, Bar Americain, Mesa Grill, and the Waldorf Astoria.
· All Coverage of Restaurant Industry Lawsuits [~ENY~]