Class Action Filed Against Marriott International, Inc. and NFNY Hotel Management LLC On Behalf of Individuals Who Have Worked for Defendants as Servers, Waiters, Bartenders, Room Service Attendants, And Other Non-Managerial Service Workers Paid On An Hourly Basis

Kehoe Law Firm, P.C. is making employees aware that on April 3, 2020, a class action lawsuit was filed against Marriott International, Inc. and NFNY Hotel Management LLC in United States District Court, Southern District of New York, “on behalf of individuals who have worked for Defendants as servers, waiters, bartenders, room service attendants, and other non-managerial service workers paid on an hourly basis, and are subject to Defendants’ service fee policies and practices.”

The complaint defines the Class as “[a]ll current and former hourly, non-exempt employees, including but not limited to servers, food servers, beverage servers, in-room dining servers, banquet servers, or other employees with similar job duties employed by [Marriott International and NFNY Hotel Management] Defendants, individually and/or jointly, in New York any time starting six years prior to the filing of the Complaint until resolution of this action.” [Emphasis in original.]

According to the complaint:

This case implicates the [Marriott International and NFNY Hotel Management ] Defendants’ longstanding policies and practices, which fail to properly compensate all non-exempt service workers for service charge payments remitted to them as wages. As a result, throughout the relevant time period, Plaintiff and similarly situated workers are denied payment for all service fees charges to customers that are reasonably perceived to be meant as gratuity payments. [Emphasis added.]

Defendants impose mandatory ‘service charge’ and/or ‘delivery fee’ surcharges . . . on the sale of food and beverages to their customers, but fail to distribute the total proceeds of those service fee surcharges to non-managerial service employees as required by New York law.

The class action “seeks to remedy the sweeping practices Defendants integrated into their gratuity systems and payroll policies that have deprived Plaintiff and Class members of their lawfully earned wages.”

Do You Believe Your Wage and Hour or Overtime Pay Rights Have Been Violated? 

If you believe your wage and hour or overtime pay rights have been violated please either contact Kehoe Law Firm, P.C. Partner Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form on the right or send an e-mail to [email protected] for a free, no-obligation case evaluation of your facts to determine whether your wage and hour or overtime rights have been violated and whether there is a basis for a class action lawsuit. 

Kehoe Law Firm, P.C. prosecutes wage and hour class actions on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs.  Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class. 

Kehoe Law Firm, P.C.