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Report: #338447

Complaint Review: Ellen's Stardust Diner - New York New York

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  • Reported By: New York New York
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  • Ellen's Stardust Diner 1650 Broadway New York, New York U.S.A.

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Ellen's Stardust Diner has been practicing ill ways for years. The company repeatedly has stolen money from the pockets of their very own employees.

Ellen's hosts "party packages" to large parties who are interested. Each party has an 18% gratuity attached to their bill. The servers should be seeing 65% of that 18% gratuity as Ellen's tips out the illegal bus boys, food runners, and bartenders before giving the servers their cut of what they thought was 65% of that 18% gratuity. However, Ellen's has been giving their managers who work and book the party 3%. This 3% is not coming from the house, it is being taken out of the gratuity! So now, servers are only seeing 65% of a 15% gratuity. Isn't that illegal? Isn't that some form of grand larceny? This company has been doing this for years! Every person who has ever worked a party has literally been ripped off! Thousands of dollars have been taken from hard working middle class people and have entered the pockets of the greedy. This company makes millions a year off their tourist trap diner, why steal from employees?! An extreme example of this occurred on Sunday, June 1st. A private party had just come in from seeing a musical on Broadway and the servers were lied to about payment. They were told their was no gratuity added to the bill and they would be receiving $70 each, which isn't even banquet pay. The servers started set up at 4pm and worked through the party till 8pm. The servers later found out they were lied to and a $3,000 gratuity had been placed on the check. Apparently, the house split $1000 dollars between the bus boys, food runners, and bartender. Now, where did the other $2,000 go?????? Not in any of the servers pockets!! Isn't that who the gratuity is meant for? Illegal!

Anonymous
New York, New York
U.S.A.

This report was posted on Ripoff Report on 06/09/2008 10:30 AM and is a permanent record located here: https://www.ripoffreport.com/reports/ellens-stardust-diner/new-york-new-york-10036/ellens-stardust-diner-steals-money-from-employees-grand-larceny-new-york-new-york-338447. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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#5 Consumer Suggestion

Yes it sucks. Grand larceny, no.

AUTHOR: Tim - (U.S.A.)

POSTED: Wednesday, June 25, 2008

There is no "gratuity law" requiring you to get a certain percentage of the gratuity left.

Your restaurant has a policy apparently, at least to some extent. But absent a contract, you are really only entitled to minimum wage. The employer is free to do with your gratuity as it pleases.

It's a different case where you are waiting on one table and they leave money behind for you. That money is your property. But absent something in a contract, employee handbook, etc., you get what they choose to give you.

This is why I went to college.

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#4 Consumer Comment

Ummm...

AUTHOR: Striderq - (U.S.A.)

POSTED: Monday, June 09, 2008

Where do you think the $70 apiece came from? How many servers were there?

Having worked in restaurants, I'd prefer to take a guaranteed 65% of 18% (or even 15%) tip to make sure that theparty didn't stiff me by not tipping. Often times when a large party comes in everyone thinks the person who set it up arranged the tip. If they didn't and the restaurant didn't charge the 18% then the server could wind up with nothing. So guess it's a case of the bird in the hand better than two in the bush. And why shouldn't the manager get a booking bonus?

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#3 Consumer Comment

Ummm...

AUTHOR: Striderq - (U.S.A.)

POSTED: Monday, June 09, 2008

Where do you think the $70 apiece came from? How many servers were there?

Having worked in restaurants, I'd prefer to take a guaranteed 65% of 18% (or even 15%) tip to make sure that theparty didn't stiff me by not tipping. Often times when a large party comes in everyone thinks the person who set it up arranged the tip. If they didn't and the restaurant didn't charge the 18% then the server could wind up with nothing. So guess it's a case of the bird in the hand better than two in the bush. And why shouldn't the manager get a booking bonus?

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#2 Consumer Comment

Ummm...

AUTHOR: Striderq - (U.S.A.)

POSTED: Monday, June 09, 2008

Where do you think the $70 apiece came from? How many servers were there?

Having worked in restaurants, I'd prefer to take a guaranteed 65% of 18% (or even 15%) tip to make sure that theparty didn't stiff me by not tipping. Often times when a large party comes in everyone thinks the person who set it up arranged the tip. If they didn't and the restaurant didn't charge the 18% then the server could wind up with nothing. So guess it's a case of the bird in the hand better than two in the bush. And why shouldn't the manager get a booking bonus?

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#1 Consumer Comment

Ummm...

AUTHOR: Striderq - (U.S.A.)

POSTED: Monday, June 09, 2008

Where do you think the $70 apiece came from? How many servers were there?

Having worked in restaurants, I'd prefer to take a guaranteed 65% of 18% (or even 15%) tip to make sure that theparty didn't stiff me by not tipping. Often times when a large party comes in everyone thinks the person who set it up arranged the tip. If they didn't and the restaurant didn't charge the 18% then the server could wind up with nothing. So guess it's a case of the bird in the hand better than two in the bush. And why shouldn't the manager get a booking bonus?

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