Smith v. Winter Place LLC

Samantha Smith, Bruce Porter, and Charles Kimball were servers at the landmark Boston restaurant Locke-Ober; Pierre Sosnitsky was the maitre d’ and a manager. They contend that the defendants terminated their employment in violation of the retaliation provision of the Massachusetts wage laws, G. L. c. 149, § 148A, for complaining about what they perceived to be violations of the statute’s tip pooling provision, G. L. c. 149, § 152A. A Superior Court judge granted the defendants’ motion for summary judgment with respect to Kimball and Sosnitsky because their “complaints” about the alleged wage…