Ayres v. 127 Rest. Corp. d/b/a Le Madri Rest., 12 F. Supp. 2d 305 (S.D.N.Y.)
The Court granted plaintiffs partial summary judgment finding that the defendant restaurant illegally withheld tips from waitstaff plaintiffs and that said retention was willful. As such, the restaurant was not entitled to take a tip credit against the wages of the waitstaff, who were entitled to double damages. The Court found that the general manager of the restaurant was an agent of the employer and had retained $20,000 in tips belonging to the waitstaff.