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CONNOR v. PIER SIXTY, LLC

23 Misc.3d 435 (2009)

870 N.Y.S.2d 899

ISAAC CONNOR, JR., et al., on Behalf of Themselves and Others Similarly Situated, Plaintiffs, v. PIER SIXTY, LLC, et al., Defendants.

Supreme Court, New York County.

Decided January 12, 2009.

Attorney(s) appearing for the Case

Jackson Lewis, LLP, White Plains, for defendants.

Joseph & Herzfeld, New York City, for plaintiffs.

OPINION OF THE COURT

MARYLIN G. DIAMOND, J.

This is a putative class action law suit in which the plaintiffs allege that the defendants have violated Labor Law § 196-d, which provides that "[n]o employer . . . shall demand or accept, directly or indirectly, any part of the gratuities, received by an employee, or retain any part of a gratuity or of any charge purported to be a gratuity for an employee." The...

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