[§481B-14  Hotel or restaurant service charge; disposition.]  Any hotel or restaurant that applies a service charge for the sale of food or beverage services shall distribute the service charge directly to its employees as tip income or clearly disclose to the purchaser of the services that the service charge is being used to pay for costs or expenses other than wages and tips of employees. [L 2000, c 16, §2]

 

Case Notes

 

  Employees are "any persons" within the meaning of §§480-1 and 480-2(e) and are within the category of plaintiffs who have standing to bring a claim under §480-2(e) for a violation of this section; however, based on the allegations contained in employees' amended complaint, employees did not sufficiently allege the "nature of the competition" to bring a claim for damages against employer under §§480-2(e) and 480-13(a) for a violation of this section.  122 H. 423, 228 P.3d 303.