April 18, 2001

BY FAX (956-2164/969-2900)

Last night, the Cipriani defendants' agent, Michael Alexander, addressed Cipriani waiters at 110 East 42 Street. He read out the names of plaintiffs in this lawsuit and threatened that if any waiter joined this lawsuit, he/she would be fired.

Retaliatory conduct against any waiter who joins this lawsuit is strictly forbidden by New York Labor Law section 215(1):

No employer or his agent, or the officer or agent of any corporation, shall discharge, penalize, or in any other manner discriminate against any employee because such employee has made a complaint to his employer, or to the commissioner or his authorized representative, that the employer has violated any provision of this chapter, or because such employee has caused to be instituted a proceeding under or related to this chapter, or because such employee has testified or is about to testify in an investigation or proceeding under this chapter....

Notwithstanding that your clients improperly treated the banquet waiters as independent contractors, by among other things issuing them IRS 1099's instead of IRS W-2's, they are clearly employees under the Labor Law. We ask that you impress upon Mr. Alexander that the above conduct is illegal and is to stop immediately.

Very truly yours,

Robert K. Erlanger

cc: Daniel H. Murphy II, Esq.