Plaintiff, a banquet server's assistant at a hotel, claims that defendants wrongly withheld gratuities from him (see Labor Law § 196-d), because they kept administrative charges to which he was entitled. 12 NYCRR 146-2.18 (b) provides, "There shall be a rebuttable presumption that any charge in addition to charges for food, beverage, lodging ... is a charge purported to be a gratuity." However, defendants' Banquet Event Order (BEO), which served as the detailed...
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