Justia Hawaii Supreme Court Opinion Summaries

Articles Posted in Employment Law
Plaintiffs, food and beverage services employees of hotels, brought claims against their employers for violating Haw. Rev. Stat. 481B-14 by invoking Haw. Rev. Stat. 388-6, 388-10, and 388-11. Specifically, Plaintiffs contended that the hotel or restaurant violated section 481B-14 when it applied a service charge for the sale of food and beverage services but did not distribute the full service charge directly to Plaintiffs and failed to disclose this fact to consumers. The Supreme Court accepted certification to answer a question of law and held (1) when a hotel or restaurant applying a service charge for the sale of food or beverage services allegedly violates section 481B-14 by not distributing 100 percent of the service charge directly to its employees as "tip income" and by failing to disclose this practice to the purchaser of the services, the employees may bring an action under sections 388-6, 388-10, and 388-11 to enforce their rights and to seek remedies.View "Villon v. Marriott Hotel Servs., Inc." on Justia Law