Lawsuits accuse one of Lexington’s most expensive restaurants of wage, tip theft
Known as one of Lexington’s most upscale and expensive restaurants, Tony’s Steaks and Seafood is facing two potential class-action lawsuit over alleged wage and tip theft.
Former bartender John Harley filed a lawsuit on March 3 in Fayette Circuit Court alleging that the restaurant forced him and other tipped employees to participating in a tip pool that gave portions of their tips to salaried members of management, including the maitre d’, who is not named in the suit.
The claim alleges that the tip pool violated the Kentucky Wages and Hours Act, which allows restaurants to pay hourly employees less than minimum wage because the tips make up the difference.
According to the suit, Harley, who now lives in Nashville, was a bartender at Tony’s Steaks & Seafood from January 2016 through March 2017. During that time he was paid about $5 an hour, the suit claims. The extra $2.25 an hour for minimum wage and the extra $5.88 and hour for overtime wages was supposed to come from his tips, but Harley’s lawsuit claims by forcing employees to share tips the restaurant forfeited the legal right to claim the tip credit.
Harley is asking to have his lawsuit certified as a class action so that other Tony’s employees and former employees can join the suit. He’s also asking for all unpaid and underpaid wages plus damages.
Attorneys for Harley could not be reached immediately for comment.
A second lawsuit with similar allegations was filed Tuesday in U.S. District Court in Lexington, alleging on behalf of a Lexington plaintiff named Christopher Sullivan that Tony’s required workers to pool tips and share them with management.
According to the lawsuit, Sullivan worked at Tony’s from February 2015 through May 2021 and was paid less than minimum wage. The restaurant claimed the tip credit on his wages in violation of federal and state labor laws, according to the lawsuit.
That suit also is seeking to be certified as a collective and class action to represent other former and current Tony’s employees.
Tony’s, which is named for chef Tony Ricci, has not filed a response to the Fayette Circuit Court claim yet. There was no immediate response for comment from attorneys for Tony’s or the restaurant.
Ricci, who also has a restaurant in Cincinnati, opened Tony’s in Lexington in 2015, scoring high marks with diners ever since for the steaks, seafood, sides and service.
This story was originally published March 15, 2022 at 3:58 PM.
