On February 3, a lawsuit was filed against Royalton on the Greens, LLC, alleging that the company systematically expropriated gratuities meant for waitstaff.
The complaint outlines that William Orgera was employed as part of the waitstaff at various venues operated by the defendants from 2018 until early 2023. These venues include The Grand Ballroom, The Library Lounge, The Restaurant, and The Mansion—all part of what is collectively known as Royalton Properties. According to Orgera's allegations, event hosts and guests customarily left cash gratuities intended for the waitstaff. However, these tips were allegedly withheld by the defendants who instead kept some or all of this money for themselves.
Orgera's legal action is grounded in both federal and state law violations. Specifically, he accuses the defendants of breaching the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL), which protect employees' rights to receive their earned tips without unlawful deductions. He asserts that these actions were willful on the part of his employers and seeks compensatory damages for himself and similarly affected employees.
The lawsuit also highlights class action allegations under Rule 23(b)(3) of the Federal Rules of Civil Procedure. Orgera seeks to represent a class comprising all waitstaff employed by the defendants during a specified period. He argues that common questions regarding employment practices predominate over individual issues among class members—such as whether they were unlawfully deprived of their tips—and contends that a class action is superior to other methods for resolving these claims efficiently.
Orgera is requesting authorization to notify all tipped employees affected within six years preceding this complaint about their rights under this litigation. Additionally, he seeks certification for this case as a class action and demands compensatory damages alongside liquidated damages, pre- and post-judgment interest, attorneys’ fees, and costs.
Representing William Orgera in this legal battle is attorney Zachary Naidich from Naidich Law Firm based in New York City. The case has been filed in the United States District Court for the Eastern District of New York under docket number 25-cv-590.