A popular Myrtle Beach restaurant withheld employees’ pay, lawsuit claims
A Myrtle Beach restaurant named in a recently filed federal lawsuit is accused of withholding some tips from its employees.
Jon Reitenbach, on behalf of other employees, filed the lawsuit against Fire & Smoke gastropub, at 411 79th Ave. N., and its owners, Tyler and Leslie Rice. The suit alleges the restaurant illegally took a portion of the tips and put them in a restaurant-wide fund.
Restaurants can pay employees less than minimum wage, but they must meet or exceed the amount once tips are considered.
Reitenbach, who worked as a server from May 2016 to April 2019, was paid less than minimum wage, according to the lawsuit. He received tips, which the restaurant required a portion of be placed in a “tip pool.” That money was paid to employees who typically did not receive tips, like the dishwasher, the lawsuit states.
Fire & Smoke had a policy that required the plaintiff to give a portion of the tips he earned to Leslie Rice when she may have worked as a hostess, the suit states.
According to the lawsuit, the defendants owe plaintiffs the tips that were illegally taken from their wages.
Owners of Fire & Smoke did not responded to a message left by The Sun News for comment.
This story was originally published October 23, 2019 at 4:46 PM.
