Thomas & Solomon LLP - Employment Attorneys
Contact Us For Case Evaluation - Speak To An Attorney


Associate Jessica Lukasiewicz Discusses Recent Service Charge Lawsuit Filed By Thomas & Solomon


Jessica Lukasiewicz was recently quoted in a article discussing a recent lawsuit Thomas & Solomon filed on behalf of banquet servers employed at the Marriott Syracuse Downtown.

The lawsuit alleges that the hotel violated New York Labor Law by failing to clearly identify to customers that a “service charge” on the hotel’s banquet event documents (menus and bills) was not a gratuity or tip. As a result of the hotel’s policy, the lawsuit seeks unpaid wages, pay, and an injunction ordering the hotel to seize its practices.

Ms. Lukasiewicz stated that typically “banquet customers often will not tip servers when they see a ‘service charge’ included in their bill.” The reason being, “most people would think that’s a tip.” This practice, however, is contrary to what is required under New York Labor Law.

New York Labor Law is clear: banquet service charges must “be clearly identified as such and customers shall be notified that the charge is not a gratuity or tip.” As such, Ms. Lukasiewicz stated that even “a union contract does not change an employer’s obligation under the New York Labor Law.”

Ultimately, “it all depends on whether the employer discloses in the event documents that they are keeping part” of the service charge.

The lawsuit is Russiffilli v. Crescent Hotels & Resorts International, LLC and was filed January 17, 2019 in Onondaga County Supreme Court.

Thomas & Solomon represents employees to recover unpaid wages as a result of unlawful service charge policies. If you believe your legal rights in the workplace have been violated by your employer, contact us for a confidential evaluation of your situation.

  • Super Lawyers
  • ABA - Defensing Libery Pursuing Liberty
  • The American Trial Lawyers Association
  • NELA - National Employment Lawyers Association
  • MCBA - Monroe County Bar Association
Email Us For A Response

Learn How We Can Help

  • This field is for validation purposes and should be left unchanged.

Contact Information

Thomas & Solomon LLP
693 East Avenue
Rochester, NY 14607

Phone: 585-272-0540
Toll Free: 877-272-4066
Fax: 585-272-0574
Map & Directions

contact thomas and soloman class action attorneys