21 Club Fails To Get Gratuity, OT Suit Tossed

Law360, New York (August 23, 2010, 6:12 PM EDT) -- A judge has refused a bid by upscale New York restaurant the 21 Club to toss out a class action brought by a group of employees over withheld gratuities and failure to compensate for overtime.

Judge Thomas P. Griesa issued an opinion Friday in the U.S. District Court for the Southern District of New York, finding that a collective bargaining agreement between the employees' union and the restaurant did not preclude the plaintiffs from filing suit.

Thirty-five plaintiffs filed the suit against 21 Club Inc. and...
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