ARNEL SAMIENTO et al., Appellants,
v.
WORLD YACHT INC. et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 10, 2008.
Decided February 14, 2008.
Attorney(s) appearing for the Case
Law Office of Steven M. Sack, New York City (Scott A. Lucas of counsel), for appellants.
Kauff McClain & McGuire LLP, New York City (Dennis A. Lalli and J. Patrick Butler of counsel), for respondents.
Andrew M. Cuomo, Attorney General, New York City (Barbara D. Underwood, Michelle Aronowitz, Jennifer S. Brand, Sasha Samberg-Champion, Seth Kupferberg and Donya Fernandez of counsel), and Maria Colavito for Attorney General of the State of New York and another, amici curiae.
McNamee, Lochner, Titus & Williams, P.C., Albany (David J. Wukitsch of counsel), for New York State Restaurant Association, amicus curiae.
Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Marc Falcone of counsel), and David A. Colodny for Urban Justice Center and others, amici curiae.
Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Chief Judge KAYE taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
CIPARICK, J.
In Bynog v Cipriani Group (1 N.Y.3d 193 [2003]), we left open the question as to whether Labor Law § 196-d, which forbids an employer from retaining any part of a gratuity or "any charge purported to be a gratuity" for an employee applies only to a voluntary gratuity or tip presented by a customer or whether it may also apply to a service charge that is held out to the customer...
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