Tuesday, March 20, 2007

All hands (out, palms up) on deck.

If its patrons think that mandatory service charges and automatic gratuities are going to the waitstaff, may the restaurant keep those monies for itself? Yes, according to the First Department, in Samiento v. World Yacht, Inc., decided on March 15, 2007. The court found that the floating restaurant had an oral agreement with its servers as to their compesnation, and that agreement controlled.