YAHRAES, ET AL. V. LEVY RESTAURANTS, INC., AMERIVENTS, JKDELLA SALES DIMENSIONS, INC., SCOTT FRAIN AND JAMES DELLA PACE, CASE NO. 1:10-CV-00935-SLT-SMG (E.D.N.Y.)

In March, 2010, Abbey Spanier Rodd & Abrams, LLP and the Law Offices of Mitchell Schley, LLC filed a class action and collective action on behalf of employees who worked as luxury suite attendants at the US Open. The case was filed in the United States District Court for the Eastern District of New York (Case No. 10 Civ. 0935). The named plaintiffs are Daniel Yahraes, Kyle Hanagarne and Ellie Hanagarne. The Defendants include Levy Restaurants, Amerivents, JKDella Sales Dimensions, Inc., Scott Frain, James Della Pace, and Restaurant Associates Events Corp.

The complaint alleges that that during the US Open tennis tournaments held from 2004-2009 defendants violated federal and state wage and hour laws by failing to pay all wages due including overtime to suite attendants who worked over 100 hours each week during the tournaments. The complaint further alleges that defendants improperly kept gratuities in the form of a 21% service charge paid by suite customers on all catered food and beverages. Defendants' handling of the gratuities violated the New York Labor law as interpreted by New York's highest court in Samiento v. World Yacht Inc., in 2008.

On February 9, 2011, United States Magistrate Judge Steven M. Gold granted plaintiffs permission to send notice to luxury suite attendants of the federal Fair Labor Standards Act claims for the years 2007, 2008, and 2009. Click here to read the Notice. In coming to this conclusion, Magistrate Judge Gold made the preliminary finding that all luxury suite attendants in the years 2007, 2008 and 2009 were similarly situated.