CHARLESTON, SC — A server at one of the finest restaurants in Charleston, South Carolina recently filed an unpaid overtime lawsuit against the company over claims that he did not receive all his wages and his employer set up an illegal tip pool to compensate ineligible workers. The claim accuses The Charleston Grill of failing pay overtime wages and inform the plaintiff and other workers that their tips would be deducted to pay the wages of other restaurant employees.
According to the unpaid overtime lawsuit, the servers paid out their tips to employees who did not have direct interaction with restaurant guests. Under the Fair Labor Standards Act (FLSA), which sets national standards for minimum wage and overtime pay, restaurants are allowed to set up tip pools for front of the house workers, but the back of the house cannot draw income from the pool to satisfy minimum wage requirements.
In addition to an illegal tip pool, the lawsuit claims that The Charleston Grill failed to pay workers one and a half times their hourly wage when working more than 40 hours. The plaintiff claims that he only earned $4.12 per hour for overtime and should have earned much more under the FLSA. The lawsuit names the Charleston Grill as well as the Charleston Place LLC and Charleston Place Holdings, which own and operate the restaurant.
Unfortunately, this type of wage theft is all too common in the restaurant industry where servers and other front of the house workers do not earn a typical minimum wage and are subject to a different set of wage laws, making it difficult for employees to understand their rights. The lawsuit seeks collective action status to allow other similarly situated workers at the restaurant to join the claim and recover their own unpaid wages. The lawsuit seeks back pay with interest, liquidated damages equal to unpaid earnings, attorneys fees, and any other relief the court may see fit to award the plaintiffs.
Restaurant Worker Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.