South Carolina Restaurant Groups hit with Tip Credit Class Action

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A class action filed against four restaurant operating groups in charge of 13 Wild Wing Café franchises in South Carolina claims bartenders are owed unpaid wages under the Fair Labor Standards Act (FLSA). The defendants—Wings Over Spartanburg, LLC; Vista Wings, LLC; Aetius Compaines, LLC; Aetius Restaurant Holding, LLC; and Aetius Restaurant Group, LLC, which collectively do business as Wild Wing Cafe—allegedly forced bartenders to “tip out” to other employees who were not legally permitted to share in the workers’ tip pool.

The plaintiff claims the bartenders’ wages fell below the minimum wage as a result of being forced to tip out food runners and expeditors, job positions the plaintiffs say are not classified as “tipped employees” because they work alongside kitchen staff and do not directly interact with the restaurant’s customers.

In addition to claiming bartenders’ direct wages fell below the federal minimum as a result of paying non-tipped employees, the plaintiff says the defendant miscalculated bartenders’ overtime pay for hours worked over 40 in a week.