Michalak v. Boston Palm Corp.

Introduction

Plaintiffs, Jason Michalak, Patrick Geherin and Toirm Miller (collectively “Plaintiffs”), are former employees at the Boston Palm Restaurant (“Palm”). They bring this action on behalf of themselves and others similarly situated alleging that the defendant distributed the service charge billed to private function customers in violation of G.L.c. 152A. They also allege various tort claims1 based on Palm’s service charge distribution policy.

Before me is the Plaintiffs’ motion for summary judgment on the statutory claim and the motion for class certification. Defendant has filed a…