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Lawsuit alleges ‘21’ Club withheld tips

NEW YORK The "21" Club, the upscale restaurant in Manhattan known as a watering hole for the rich, famous and powerful, has been sued by a group of employees who claim the institution withheld tips at its banquet operations.

The class-action lawsuit was filed Tuesday in U.S. District Court for the Southern District of New York by labor attorney D. Maimon Kirschenbaum of Joseph & Herzfeld LLP on behalf of 34 current employees.

The lawsuit accuses "21" Club management of charging customers a preset gratuity fee of 21.75 percent on private-dining and banquet services, but paying only 18 percent of the money to its staff. According to Kirschenbaum, the “21” Club kept the rest for itself.

“The practice of charging a gratuity and not distributing it in its entirety to the people who are entitled to receive it is shocking and has got to be stopped,” he said.

Officials at the "21" Club have not yet seen a copy of the lawsuit and therefore have no comment, said Diana Biederman, a spokeswoman for the operation.

Kirschenbaum currently is involved in similar tip-related lawsuits with such other New York establishments as Ellen’s Stardust Diner, the Central Park Boathouse and Pier Sixty at Chelsea Piers.

Contact Elissa Elan at [email protected].

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