Smith & Wollensky Servers Win NY Law Class Cert.

Law360, New York (February 1, 2010, 5:23 PM EST) -- A federal judge has certified a state law class in a wage-and-hour suit accusing Smith & Wollensky Restaurant Group Inc. of illegally retaining portions of servers' tips and failing to pay required minimum and overtime wages.

Judge Miriam Goldman Cedarbaum of the U.S. District Court for the Southern District of New York granted the plaintiffs' motion for Rule 23 certification on Thursday, certifying a class that covers 275 people.

The plaintiffs are pursuing a hybrid type of wage-and-hour action against Smith & Wollensky and Fourth Walls...
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