Legal Opinion
Samiento v. World Yacht Inc.
New York Court of Appeals
Decided February 14, 2008PublishedCited by 139 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In Bynog v Cipriani Group (1 NY3d 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 as a substitute for a tip. We conclude that a charge that is not a voluntary payment may be a “charge purported to be a gratuity” within the meaning of the statute.
As alleged in the…
2Cases cited13 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- DaimlerChrysler Corp. v. SpitzerNew York Court of Appeals · 2006
- Bynog v. Cipriani Group, Inc.New York Court of Appeals · 2003
- Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
8 more not listed; retrieve them via the Exa API.
3Cited by139 opinions
- Corsello v. Verizon New York, Inc.New York Court of Appeals · 2012
- Shahriar v. Smith & Wollensky Restaurant Group, Inc.Court of Appeals for the Second Circuit · 2011
- Copantitla v. Fiskardo Estiatorio, Inc.District Court, S.D. New York · 2011
- Weisblum v. Prophase Labs, Inc.District Court, S.D. New York · 2015
- In re Conagra Foods, Inc.District Court, C.D. California · 2015
134 more not listed; retrieve them via the Exa API.