Groundbreaking Legal Precedent: Samiento, et al. v. World Yacht, Inc., et al.

Samiento, et al. v. World Yacht, Inc., et al., 10 N.Y.3d 70, 883 N.E.2d 990,
854 N.Y.S.2d 83 (New York, 2008)

In a case closely watched throughout New York State’s restaurant and
banquet industry, Scott A. Lucas argued before the State’s highest court on
behalf of 14 waiters suing to recover the “service charge” added to
banquets in place of the traditional tip. Mr. Lucas and veteran attorney,
author and employees’ rights advocate Steven M. Sack teamed up to pursue
this litigation. Their appeal to the State’s high court was supported by the
New York State Attorney General as well as the New York State Department
of Labor.

In a groundbreaking decision, New York State’s highest court reinstated the
waiters’ Labor Law claims, and held “the statutory language of Labor Law §
196-d can include mandatory charges when it is shown that employers
represented or allowed its customers to believe that the charges were in
fact gratuities for its employees.”

“…a victory for service employees throughout New
York’s banquet and restaurant industry.”

The State high court’s groundbreaking decision generated substantial media
coverage, and was seen as a victory for service employees throughout New
York’s banquet and restaurant industry.

Read about this case In the News.