RAMIREZ v. MANSIONS CATERING, INC.

2994, 602381/08.

74 A.D.3d 490 (2010)

905 N.Y.S.2d 148

LUIS RAMIREZ et al., Respondents, v. MANSIONS CATERING, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 8, 2010.


Section 196-d of the Labor Law provides, in pertinent part, that no "employer or his agent . . . 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." In Samiento v World Yacht Inc. (10 N.Y.3d 70 [2008]), the Court of Appeals held that the "gratuity" provisions of section 196-d "can include...

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