Massachusetts Wage Law – Overtime Wages  (Brought on behalf of the MA Plaintiff and the MA Rule 23 Class)  259.  The MA Plaintiff, on behalf of himself and the MA Rule 23 Class, realleges and  incorporates by reference all allegations in all preceding paragraphs.  260.  Defendants failed to pay the MA Plaintiff and the MA Rule 23 Class the proper  overtime wages to which they are entitled under the MA Wage Laws and the supporting  Massachusetts State Department of Labor Regulations.  261.  Through their knowing or intentional failure to pay the MA Plaintiff and the MA  Rule 23 Class overtime wages for hours worked in excess of forty hours per workweek,  Defendants have violated the MA Wage Laws and the supporting Massachusetts State  Department of Labor Regulations.  262.  Due to Defendants’ violations of the MA Wage Laws, the MA Plaintiff and the  MA Rule 23 Class are entitled to recover from Defendants their unpaid minimum wages, treble  damages as provided for by the MA Wage Laws, and reasonable attorneys’ fees and costs of the  action.     New York Labor Law –Tip Misappropriation  (Brought on behalf of the NY Plaintiffs and the NY Rule 23 Class)  239.  The NY Plaintiffs, on behalf of themselves and the NY Rule 23 Class, reallege  and incorporate by reference all allegations in all preceding paragraphs.   240.  Defendants required the NY Plaintiffs and the NY Rule 23 Class Members to  share a portion of the gratuities and/or service charges they received with employees other than  servers, bussers, runners, bartenders, or similar employees, in violation of NYLL, Article 6 §  196-d, and the supporting New York State Department of Labor Regulations.  241.  By Defendants’ knowing or intentional demand for, acceptance of, and/or  retention of a portion of the gratuities and/or service charges received by the NY Plaintiffs and  the NY Rule 23 Class Members, Defendants have willfully violated the NYLL, Article 6, § 196- d, and the supporting New York State Department of Labor Regulations.  242.  Due to Defendants’ willful violations of the NYLL, the NY Plaintiffs and the NY  Rule 23 Class Members are entitled to recover from Defendants their unpaid gratuities and/or  service charges, liquidated damages as provided for by the NYLL, reasonable attorneys’ fees,  costs, and pre-judgment and post-judgment interest. 