News Brief
US Department of Labor finds upstate South Carolina restaurant chain denied overtime pay, recovers $567K in back wages, damages for 215 employees
Employer: Tipsy Holding II LLC, operating as Tipsy Taco
Investigation sites: 215 Pelham Road, Greenville, SC 29615 – Headquarters
15 Conostee Ave., Greenville, SC 29605
728 Wade Hampton Blvd., Greenville, SC 29609
102 Southern Center Way, Easley, SC 29642
14180 E. Wade Hampton Blvd., Greer, SC 29651
702 Fairview Road, Simpsonville, SC 29680
Investigation findings: Investigators with the department’s Wage and Hour Division found that Tipsy Holding II LLC failed to pay the half-time premium to cooks, servers and bar employees for hours over 40 in a workweek, an overtime violation of the Fair Labor Standards Act. The employer also failed to keep accurate records for workers.
Back Wages and Liquidated Damages Recovered: $567,079 for 215 workers.
Quote: “As food service industry employers struggle to find people to fill the jobs needed to remain competitive, they should remember that keeping and finding workers is harder for employers who don’t respect workers’ rights and shortchange them of their full wages,” said Wage and Hour District Director Jamie Benefiel in Columbia, South Carolina. “Overtime violations are common in the restaurant industry, but they shouldn’t be. There are more than enough resources available to employers to help them understand their obligations to employees under the law.”
Background: In fiscal year 2022, the Wage and Hour Division recovered more than $27.1 million for more than 22,000 workers in the food service industry. Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. The division also offers numerous online resources for employers, such as a fact sheet on Fair Labor Standards Act wage laws overtime requirements.
Workers who feel they may not be getting the wages they earned may contact a Wage and Hour Division representative in their state through a list and interactive online map on the agency’s website. Workers and employers alike can help track hours worked and pay by downloading the department’s Timesheet App for Android or Apple devices for free.
