New York Post, June 15, 2005, Wednesday

New York Post, June 15, 2006, Wednesday

SPARKS' WAIT STAFF SUES OVER SIRLOIN TIPS
By DAN MANGAN
http://www.nypost.com/news/regionalnews/sparks_wait_staff_sues_over_sirloin_tips_regionalnews_dan_mangan.htm

June 15, 2006 -- Sparks Steak House got whacked with a lawsuit accusing the famed Manhattan eatery of shorting waiters out of a sizzling $5 million in tips. The class-action suit claims Sparks over at least the past six years has illegally deducted money from the "tip pool" - which is supposed to be shared only among about 60 waiters - to pay other workers not entitled to that money.
Workers who were allegedly paid illegally out of the waiters' tip pool by Sparks include bartenders, the wine-cellar master and banquet manager.
"Sparks has taken a prime cut out of the waiters' tips for years," said Louis Pechman, the lawyer representing the plaintiffs in the Manhattan federal court suit, which alleges labor-law violations.
The suit's only named plaintiff is Gerald Duchene, a 14-year Sparks waiter who left the restaurant's employ last November. But court documents indicate that about 100 current and past Sparks waiters affected by the "unlawful scheme" in the past three years also are plaintiffs.
Sparks owner Michael Cetta claimed he was unaware of the complaint until contacted by The Post, but said, "I'm really upset."
"I categorically deny such actions ever taking place in Sparks in the 40 years I've been in business. Categorically, without reservations, I've never shortchanged a waiter or employee in my life. We don't do that sort of thing."