Jeffrey H. Ruzal
Jeffrey Ruzal, a Senior Counsel in the Labor and Employment practice, in the New York office, wrote an article titled "Investigate Before Adding Service Fee."
Following is an excerpt:
In Carpaneda v. Domino's, federal
district court in Massachusetts ruled that a Domino's Pizza delivery
driver may present his claim to a jury that Domino's violated the
Massachusetts Tips Act and Minimum Fair Wage Act by wrongfully retaining
service charges that should have been paid to him as tips.The Massachusetts Tip Act provides that if
an employer charges patrons a service charge, all proceeds from that
charge must be provided to the employee in proportion to the service
provided. The Act provides, however, a safe harbor which permits
employers to retain service charges if they provide patrons a written
description of the service charge and explain that it is not a tip for
its employees.
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