Frank Tufano v. THE WYKAGYL COUNTRY CLUB et al

Plaintiff alleges that The Wykagyl Country Club and Louis Cordasco violated New York Labor Law Article 6 § 196-d and 12 NYCRR Part 146 by imposing a mandatory service charge on catered and banquet events without disclaiming that it was not a gratuity, such that reasonable patrons would have understood it to be a tip intended for service staff, and then keeping those funds rather than distributing them to Plaintiff and similarly situated employees. Plaintiff alleges he worked for Defendants in a food-service capacity at catered and banquet events during approximately the summer of 2016.

The complaint pleads a single cause of action for unlawful withholding of gratuities as a proposed CPLR Article 9 class action, naming Louis Cordasco individually as an alleged officer/owner of the club who controlled compensation policy and is thus alleged to be a joint employer. Relief sought is the amount of the withheld gratuities to be determined at trial, plus interest, attorneys' fees, and costs.