Smith & Wollensky Workers Seek NY Law Class Cert.

By Ben James

Law360, New York (November 12, 2009, 1:48 PM ET) -- The plaintiffs in a hybrid collective and class action against Smith & Wollensky Restaurant Group Inc. are seeking class certification of New York law claims alleging the defendants illegally retained portions of tips and failed to pay the required overtime rate.

Named plaintiffs Salim Shahriar, Muhammad Islam and Mary Harvey filed the motion for class certification under Rule 23 in the U.S. District Court for the Southern District of New York on Wednesday.

The case involves claims under both the Fair Labor Standards Act and New...
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