Too often in the hospitality industry, bussers, bartenders, bellhops, housekeepers, waiters, and sommliers are not given the tips or gratuities that are left for them. In many cases, catering, hotel, or wedding reception contracts clearly indicate a 20 to 22 percent gratuity charge as part of the service cost to a customer’s contract. As a result, when employers refuse to pass these gratuities along to hospitality industry workers, they can be held financially accountable under §146-2.19(c) of New York Department of Labor’s Hospitality Wage Order law. This means that employees can sue employers and recover the gratuities and tips that are owed to them going back six years from the date a case is filed.
You aren’t powerless. You can DO something – contact New York tip and gratuities violations attorneys at Leeds Brown Law today.
TIP VIOLATIONS AND FEDERAL AND STATE LABOR LAW
Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid the federally mandated minimum wage. In certain cases, however, an employer can use a “tip credit” and pay hospitality workers less if the amount they earn in tips is enough to bring them up to the level of the mandated minimum wage. If an employer chooses to take a tip credit, the employee must first be informed. In the event an employer does not distribute tips to ensure an employee is compensated at the minimum wage level, he or she can be held financially liable for violating the FLSA.
LABOR LAW VIOLATIONS AND HOSPITALITY INDUSTRY WORKERS
Unfortunately, the hospitality industry continues to struggle with labor law violations. In addition to minimum wage violations and withholding tips and gratuities, hospitality industry workers are not always paid for on-the-job training or compensated for language and math courses employees are told they must enroll in.
Given the needs of hotels, cruise ships, caters, and restaurants, it’s not uncommon for waiters, bartenders, housekeepers, and bussers to find themselves working overtime or split shifts in excess of ten hours a day. Here, employers who ignore the law and refuse to pay overtime are financially accountable for back wages and overtime pay going back six years from when a case is filed.
DO YOU HAVE GROUNDS FOR LEGAL ACTION? CONTACT LEEDS BROWN LAW
Don’t assume that you need to be wealthy to sue a major hotel chain, caterer, or restaurant. At Leeds Brown Law, we’ve won landmark cases for hospitality industry workers involving wage, tip, and gratuity violations. We work on a contingency fee basis which means our legal fees are paid out of any award or settlement we win for our clients: if we lose, you don’t owe us attorney’s fees, it’s that simple.
Don’t assume you can’t do anything – contact New York tip and gratuities violations attorneys at Leeds Brown Law today.
New York Employment Law Attorneys Leeds Brown Law, PC offer high quality legal services and representation to clients throughout the five boroughs of Manhattan, including Wall Street, Midtown Manhattan, Brooklyn, Queens, the Bronx and Staten Island; and throughout Nassau and Suffolk counties on Long Island, including the Northshore, the Southshore, and cities such as Garden City, Carle Place, Hempstead, Mineola, Melville, Westbury, Hicksville, Levittown, Freeport, Massapequa, Valley Stream, Long Beach, Glen Cove, Syosset, Huntington, Bayside, Forest Hills, Manhasset, Whitestone, Commack, Brentwood and Riverhead, New York. Leeds Brown Law also extends its practice throughout all the counties of Nassau and Suffolk County, which includes the East end of Long Island, as well as to The Hamptons.