United States District Court Judge Leonard B. Sand issued a Final Judgment and Order on September 8, 2011 granting final approval of a class action settlement in a lawsuit involving the wait-staff at Milos restaurant in Manhattan.
The settlement in In Re Milos Litigation, 08 Civ. 6666 (LBS) provides a settlement fund of $1,975,000 (which includes attorneys’ fees) for captains, waiters, runners, busboys and bartenders who worked at the restaurant between July 28, 2002 and May 20, 2011. Approximately two hundred employees are covered by the settlement.
The lawsuit had alleged that Milos unlawfully deducted and distributed a portion of the employee’s tips at Milos to managers and other non-tipped, non-service employees. Milos has agreed to settle the litigation without admitting or conceding any liability. The parties have agreed to settle the litigation to avoid the burden, expense and uncertainty of continuing the litigation.
The workers were represented by Louis Pechman (founder of waiterpay.com), Berke-Weiss & Pechman LLP and Maimon Kirschenbaum, Joseph, Herzfeld, Hester & Kirschenbaum LLP. Milos was represented by Evangelos Michailidis, Duane Morris LLP and Leonard Wagman, McLaughlin & Stern LLP.