New York Court of Appeals Briefs

  • Samiento v World Yacht, Inc:
    In Bynog v Cipriani Group (1 NY3d 193 [2003]), the Court of Appeals 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. In this amicus brief, the Office successfully contended that a charge that is not a voluntary payment may be a "charge purported to be a gratuity" within the meaning of the statute.
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