Anna Bradley-Smith  |  January 21, 2022

Category: Labor & Employment

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Sheraton hotel
(Photo Credit: JPstock/ Shutterstock)

Sheraton Wage Class Action Lawsuit:

  • Who: Hourly workers at the Sheraton Niagara Falls have filed a class action lawsuit against The Sheraton, LLC and NFNY Hotel Management LLC.
  • Why: The former employees say the companies violated New York labor laws by not providing accurate wage and tip statements, paying below minimum wage and not handing over tips.
  • Where: The case is pending in district court in the Eastern District of New York.

Two former employees at the Sheraton Niagara Falls in New York are accusing the hotel owners and management of depriving them of minimum wage and earned tips in a new class action lawsuit.

Doris Green and Christina Casero filed the lawsuit against The Sheraton, LLC and the company that runs the Niagara Falls location, NFNY Hotel Management LLC, saying the two violated New York Labor Laws by not providing accurate wage and tip statements for hourly workers, including servers, waiters, bartenders, room service attendants and other nonmanagerial service workers.

More consequentially, the pair says that the companies underpaid them by not keeping up with minimum wage and did not pay them their earned tips.

Casero, who was employed as a server at the hotel from May 2016 to August 2020, had an hourly rate of $8.25 throughout her time at the hotel, despite New York state’s minimum wage rising from $11.10 up to $12.50 in 2020, the claim says.

Green, who worked as a bartender, front desk worker and other roles from May 2019 to August 2020, had an hourly rate of $12.00, despite the minimum wage in New York being raised from $11.80 to $12.50 on January 31, 2020, the claim alleges.

Companies Violate Wage Theft Prevention Act, Plaintiffs Say

Casero and Green say the companies violate the Wage Theft Prevention Act with wage notices that fail to accurately or timely show employees their true rates of pay and the proper tip credits to be taken against the minimum wage. They also say the notices fail to include the names, addresses and phone numbers of all joint employers.

“The wage statements likewise failed to include any gratuity/tip amounts that should have been paid from automatic surcharges that Defendants charged their customers for ‘Destination Marketing Fees’ that customers reasonably believed constituted additional tips/gratuities for the servers,” the lawsuit explains.

The plaintiffs are suing on behalf of all current and former hourly workers at the Sheraton Niagara Falls. They seek certification of the class, declaratory judgment, injunctive relief, damages, legal fees and costs and a jury trial.

Recently, Carrabba’s Italian Grill in Florida was also hit with a wage and tip class action lawsuit where former employees accused the restaurant of underpaying them and failing to provide their tips. The former and current staff are seeking minimum wage compensation, amongst other relief.

If you work in Pennsylvania and believe you are the victim of wage theft, you could have a legal claim. Join a free wage theft class action lawsuit investigation here.

The plaintiffs are represented by Harvey P. Sanders of Sanders & Sanders and Carolyn H. Cottrell, Ori Edelstein and Kristabel Sandoval of Schneider Wallace Cottrell Konecky LLP.

The Sheraton Wage Class Action Lawsuit is Green, et al., v. The Sheraton, LLC, et al., Case No. 1:22-cv-00046, in the U.S. District Court Western District of New York.


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One thought on Sheraton Hotel Class Action Alleges Workers Deprived of Wages, Tips

  1. BARBARA L ROGERS says:

    please add me

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