Firm represented a collective group of drivers against their former employer, a business that provides limousine, sprinter, bus, and other transportation services to individuals in the State of New York. Defendant retained a substantial portion of the gratuities that its customers intended for its drivers. Specifically, when customers paid gratuities via credit card, Defendant would retain all of the money for its own use, thus failing to provide gratuities to Plaintiffs. Making matters worse, on each occasion when it paid Plaintiffs, Defendant failed to provide Plaintiffs with a wage statement that accurately listed, their actual hours worked for that week, or their rates of pay for all hours worked. Instead, Defendant represented that it paid each Plaintiff by commission and tips only, despite Defendant’s actual agreement to pay each driver on an hourly basis and its failure to remit all gratuities as previously explained. Additionally, Defendant failed to provide Plaintiffs with a wage notice at the time of their hire that accurately contained, Plaintiffs’ rates of pay and regular payday as designated by the employer as the New York Labor Law requires. After negotiations, the case concluded in a settlement in the amount of $104,000.00 to resolve Plaintiff’s claims. Michael J. Borrelli and Alexander T. Coleman handled the matter on behalf of the Firm.
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