Charleston, South Carolina Employment Law Firm
Law Firm OverviewWe are a boutique law firm in Charleston, South Carolina focusing on employee-side employment law. We handle wage and hour case for clients who have not been properly paid overtime pay and for tipped employees and food and beverage employees who have been the victims of wage theft, tip theft, or who have been forced to participate in an illegal tip pool. We handle these cases as class actions or collective actions in many situations whereby one or more named employees bring the case on behalf of other employees who are similarly situated to them.
If you, a family member, friend, or someone you know has worked in food and beverage as a tipped employee at any point during the last three years, please contact us to determine if you are entitled to unpaid wages because of an illegal tip pool or off-the-clock work.
If you have worked in the food and beverage industry, then it is likely that you have participated in a tip pool at some point or another. Tip pools are quite common in restaurants, bars, and other establishments where employees customarily receive tips from the customers they serve. In these situations, restaurant workers who receive tips are required to “pool” their tips together so they can be divided out among other employees in proportionate shares after a shift is over.
Restaurant tip pools are not illegal in and of themselves, but there are very strict requirements that restaurants must meet in order for the tip pool to remain valid. Many of these rules relating to restaurant tip pools may surprise servers, bartenders, and other food and beverage employees because many restaurant owners violate them on a frequent basis.
So, when is it legal for employers to require tipped employees to participate in restaurant tip pools and when is it illegal for employers to require tipped to participate in restaurant tip pools? In order to answer these questions, it is first necessary to understand the basic legal requirements of the “tip credit” under the FLSA.
We also handle FMLA cases and discrimination cases, including pregnancy discrimination, as well as retaliation cases, sexual harassment, and hostile work environment cases. If you were not allowed to take FMLA leave and believe you were an eligible employee for FMLA leave or if you were terminated during maternity leave or because you planned on taking maternity leave (or leave for any serious medical condition that you had or that an immediate family member had), then call us to determine whether your legal rights were violated.
Call us if you believe that you have been subjected to any of these illegal employment actions.
Year this Office was Established: 2009
Areas of Law
Additional Areas of Law: Tipped Employee Pay Violations; Tip Pool Violations; Unpaid Overtime Claims; Overtime Pay Issues; Wage and Hour Claims; Family & Medical Leave Act (FMLA); Workplace Discrimination; Severance Agreements; Hostile Work Environment; Workplace Retaliation.
Mr. Scott Falls
Civil Litigation, Class Actions, Discrimination, Employee Benefits, Employees Rights
- South Carolina Bar Association
- Charleston County Bar Association
- National Employment Lawyer's Association
- Federal Bar Association, Employment & Labor Law Section
More Information on Falls Legal, LLCWage And Hour – Tipped Employees
Family & Medical Leave Act (FMLA)
Sexual Harassment & Hostile Work Environment
Falls Legal, LLC Blog
Articles Published by Falls Legal, LLC
The Family and Medical Leave Act of 1993 (“FMLA”) provides up to 12 weeks of unpaid leave to an eligible employee for his or her own serious health condition or the serious health condition or military service of a family member.[i]Read Article
Fourth Circuit Broadens Definition of Disability Under the ADAAA to Include Temporary Impairments - Article on a recent decision by the Fourth Circuit Court of Appeals on a disability discrimination case and the interpretation of what types of temporary impairments constitute a "disability" under the Americans with Disabilities Act ("ADA").Read Article