Marriott Can't Check Out Of Long Island FLSA Suit

By Emily Atkin (September 20, 2013, 6:33 PM EDT) -- A New York federal magistrate judge on Thursday granted first-step certification to a group of current and former service employees at two Long Island-based Marriott hotels, allowing them to proceed with their claims that the hotel failed to pay lawfully earned gratuities and overtime.

U.S. Magistrate Judge Kathleen Tomlinson rejected Columbia Sussex Management LLC's argument that the group should be narrowed to include only banquet servers, and granted plaintiffs' motion to conditionally certify a collective action of all service employees — including but not limited to waiters, bussers, bartenders, runners and maintenance workers. The judge ruled plaintiffs had adequately alleged companywide...

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