Frank Tufano v. SIWANOY COUNTRY CLUB, INC. et al

Plaintiff alleges that Siwanoy Country Club, Inc. and William M. Hartnett violated New York Labor Law Article 6 § 196-d and 12 NYCRR Part 146 through the same alleged policy: assessing a mandatory service charge on catered and banquet events without disclaiming that it was not a gratuity, such that reasonable patrons would have believed it was a tip for service staff, and then retaining those proceeds instead of paying 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. As in the companion filings, Plaintiff brings a single cause of action for unlawful withholding of gratuities as a proposed class action under CPLR Article 9, naming William M. Hartnett individually as an alleged officer/owner with control over the club's compensation practices and thus an alleged joint employer. The complaint seeks unpaid gratuities in an amount to be determined at trial, plus interest, attorneys' fees, and costs.