Frank Tufano v. BRONXVILLE FIELD CLUB, INC. et al

Plaintiff alleges that Bronxville Field Club, Inc. and Barry Sullivan violated New York Labor Law Article 6 § 196-d and 12 NYCRR Part 146 by assessing a mandatory service charge on catered and banquet events without disclaiming that it was not a gratuity for staff, leading reasonable patrons to believe the charge was in fact a tip. Plaintiff alleges Defendants retained the proceeds of that charge for themselves instead of distributing them to Plaintiff and similarly situated banquet/catering service employees.

Plaintiff, who alleges he worked for Defendants in a food-service capacity at catered and banquet events from approximately December 2015 through February 2016, brings the single cause of action as a class action under CPLR Article 9 on behalf of himself and similarly situated employees. Barry Sullivan is named individually as an alleged officer/owner with control over compensation policies, making him an alleged “single and/or joint employer.” The complaint seeks the withheld gratuities in an amount to be determined at trial, plus interest, attorneys' fees, and costs.