Food service workers who accused Watermill Caterers of withholding tips withdraw lawsuit

Two food service workers who staffed 2017 events at Watermill catering hall in Smithtown have withdrawn their lawsuit accusing the company and its management of illegally withholding tips. 

Newsday first reported the story on March 16. On March 21, lawyers for the plaintiffs, Cigdem Metin and Sevil Nixon, and Watermill Caterers filed with the court a signed agreement to discontinue the lawsuit.

The lawyers for both sides did not respond to requests for comments before publication of Newsday's story.

Metin and Nixon “voluntarily discontinue” the suit, with “no award of attorneys’ fees or costs” to either party, according to the recent court filing.

There was no indication why the lawsuit was withdrawn.

Attorney Anthony Alesandro represented Metin and Nixon; attorney John Porta represented Watermill. 

The lawsuit filed in Suffolk County Supreme Court on behalf of Metin and Nixon said they worked at Watermill catering events, including at a cancer benefit in 2017. It was unclear if they still worked for the company.

Watermill did not make a company representative available for an interview on Friday.

The plaintiffs could not be reached Friday.

Lawyers for the parties did not respond to interview requests Thursday and Friday. 

The Route 347 Watermill venue, part of the Scotto family’s portfolio of upscale Long Island eateries and catering halls, regularly hosts weddings and galas and was for years an election night destination for local politicians.

In their suit, Metin and Nixon had alleged company management violated New York State labor law by keeping a "mandatory charge" that appeared on its menus and invoices instead of turning the money over to waitstaff. 

“Reasonable patrons” would have assumed the charge was a gratuity, according to the amended complaint, which also alleged that the company evaded recordkeeping requirements for the charges. 

The New York State Department of Labor enforces rules forbidding employers from appropriating tips. The department’s press office on Friday said there were no complaints on file against the catering facility.