To: All individuals who performed food and beverage service work at catered events sponsored, operated, managed, or catered by either Defendants Yonkers Racing Corporation, Brian Boru of Westchester, Inc., Westchester Hospitality Management Company, LLC or Timothy Rooney, held on or off premises either as direct employees of Defendants or through a third-party staffing agency from October 15, 2012 through January 28, 2019, in such trades, classifications and professions that customarily receive gratuities, including but not limited to wait staff, waiters, servers, captains, bussers, and bartenders.
The Notice relates to a proposed settlement of this class action litigation. It has been authorized by a New York State Court. It contains important information as to your right to participate in the settlement, make a claim for payment, or elect not to be included in the class. The following pages detail your options, your rights, and common questions or issues that Class Members ask about class action settlements.
Alejandro Contreras filed a lawsuit against Defendants seeking alleged unpaid tips that he earned during his employment for Defendants. The Court in charge of this case is the New York Supreme Court, Westchester County. The lawsuit is known as Contreras v. Yonkers Racing Corporation, et al. Alejandro Contreras is the Named Plaintiff, and Yonkers Racing Corporation, Brian Boru of Westchester, Timothy Rooney, and “any other related entities” sued in the action to the extent the same relate in any way to Yonkers Racing Corporation, are Defendants. Named Plaintiff Contreras alleges in the lawsuit that, among other things, Defendants unlawfully withheld gratuities owed to him and other similarly situated workers in violation of the New York State Labor Law.
Defendants have defended and vigorously contested the claims in the Action. Defendants deny all material allegations in the Action, have asserted numerous defenses, and deny any and all liability. Defendants have decided to settle the Action, without admitting any liability or wrongdoing, to avoid the expense, burden, and distraction of litigation. The Court has not decided who is right and who is wrong or whether this case could, in the absence of settlement, proceed as a class action.
Plaintiff and Defendants have agreed to settle the action subject to the approval of the Court. Defendants have agreed to pay a maximum of Six Hundred Thousand Dollars ($600,000.00) for the purposes of allocation and distribution amongst the Class Members, subject to their right to proportionately reduce the settlement amount down. The parties have reached this Agreement through negotiations and mediation and then presented it to the Court. As determined through that process, you are entitled to participate, and your legal rights may be affected. These rights and options are summarized and explained in detail throughout the Notice.