Albany Supreme Court Certifies Class, Partially Grants Summary Judgment in Favor of Hotel Banquet Servers

The Law Office of Joseph T. Moen is pleased to announce that on October 5, 2022, the New York State Supreme Court in Albany County certified a class of hotel banquet server employees, appointed the Law Office of Joseph T. Moen as co-lead counsel for the class, and granted partial summary judgment in favor of the plaintiffs against defendants Bullock Boys LLC, 400 HIE LLC, and Maryland hotel operator Marshall Hotels & Resorts Inc., who each operated the Holiday Inn Express in Latham, New York.

In the court’s decision, Albany Supreme Court Justice Richard Platkin noted that “[p]laintiffs have established as a matter of law that Holiday Inn banquet customers were charged gratuities that were not remitted to waitstaff, in violation of New York Labor Law [Section] 196-d from January 1, 2014 to December 31, 2018.” Justice Platkin further commented approvingly, “the Court is fully satisfied … that plaintiffs and their counsel have the financial ability, willingness, and capacity to continue to vigorously litigate this case on behalf of the putative class, as they have done for the last four years.”

The case was initially commenced in 2018 and concerned allegations of wage theft against the operators of the Holiday Inn. If you think you may have a claim against an employer for unpaid wages, stolen tips, overtime violations, or employee misclassification, please call Attorney Joe Moen at 518-588-0316 or email him at joe@jtmoenlaw.com for a prompt, free case evaluation.