(800) 385-8160 info@mullaneylaw.net

Marybeth Mullaney In the News

Hyman’s Seafood settles wage theft suit for $1 million

The Post and Courier – Dec 16, 2016

A federal judge in Charleston on Friday approved a $1 million settlement for Hyman’s Seafood employees who sued the restaurant for illegally shorting their wages through an improper tip pool and breakage fees. READ MORE…

West Ashley restaurants sued over tip out schemes

The Post and Courier – Jul 19, 2016

Two West Ashley restaurants are being sued for allegedly requiring employees to share their tips with owners and managers.

Attorney Marybeth Mullaney, who filed the separate suits against Gene’s Haufbrau and Bear E. Patch Café-West, says, “A tip is presented by a customer in recognition of some service performed by the server that waited on the customer: It is not meant as a gift to the business owner.” READ MORE…

Jury to hear wage theft suit against Hyman’s

The Post and Courier – Jul 15, 2016

A lawsuit concerning Hyman Seafood Co.’s illegal practice of charging employees for theoretical broken glasses and dishes is headed to trial.

Marybeth Mullaney, one of the plantiffs’ attorneys, says Charleston’s reputation for hospitality is largely a reflection of its restaurant employees’ hard work. “It will be my privilege to help them tell their story to a jury,” she adds.  READ MORE…

Restaurant’s Wage Deduction for Broken Dishes Heads to Jury

Bloomberg News – Jul 3, 2016

A lawsuit concerning Hyman Seafood Co.’s illegal practice of charging employees for theoretical broken glasses and dishes is headed to trial.

Marybeth Mullaney, one of the plantiffs’ attorneys, says Charleston’s reputation for hospitality is largely a reflection of its restaurant employees’ hard work. “It will be my privilege to help them tell their story to a jury,” she adds.  READ MORE…

Several wage theft lawsuits involve Lowcountry restaurants

WCBD News 2 – Jan 27, 2016

Lowcountry restaurants are accused of paying servers and bartenders less than they are owed, or skimming tips that belong to the employee.

Employment Lawyer Marybeth Mullaney says, “You are leaving a tip to that employee in appreciation for the service that they provided to you and it is not a gift to the owner.”   READ MORE…

Zen Asian Fusion sued over skimmed tips

The Post and Courier – Jan 25, 2016

An employee of Zen Asian Fusion earlier this month sued the West Ashley restaurant for requiring servers and bartenders to contribute a portion of their tips “to the house.”

Under the Fair Labor Standards Act, tips are the sole property of the tipped employees. Sharing arrangements are allowed, but it’s illegal to create a tip pool which includes employees who don’t customarily receive tips, such as chefs or dishwashers, or the restaurant’s owners.

READ MORE…

Former employees claim Baroni’s underpaid them

The Post and Courier – Aug 18, 2015

Baroni’s Pizza violated federal labor laws by paying its delivery drivers less than minimum wage for time spent washing dishes, mopping floors and cleaning out drains, a lawsuit recently filed in district court claims.

Under the Fair Labor Standards Act, it’s legal for employers to require servers and other tipped employees to perform non-tipped tasks, such as making iced tea, setting tables or taking out trash. But if those duties account for more than 20 percent of the workweek, the employer is barred from taking a tip credit for the additional time. In practice, that means South Carolina restaurant workers must receive $7.25 an hour for time spent on excessive chores instead of the tipped minimum wage. READ MORE…