Upscale Lexington restaurant sued over alleged wage and tip theft

Former bartender is suing Tony's Steaks and Seafood

LEXINGTON, Ky. (WTVQ) – A former bartender at Tony’s Steaks and Seafood in Lexington is suing the upscale restaurant over alleged wage and tip theft, according to the Lexington Herald-Leader.

John Harley claims in his lawsuit that the restaurant forced him and other tipped employees to participate in a tip pool that gave portions of their tips to salaried members of management, including the maitre d’, according to the report.

The lawsuit was filed in Fayette Circuit Court on March 3, 2022, according to the newspaper.

The suit claims the tip pool violated the Kentucky Wages and Hours Act, which allows restaurants to pay hourly employees less than minimum wage because tips make up the difference.

The report says Harley, who now lives in Nashville, worked at the restaurant from January 2016 through March 2017.  The suit says during that time, Harley was paid about $5 an hour.  The extra $2.25 an hour for minimum wage and the extra $5.88 an hour for overtime wages was supposed to come from his tips, but the suit claims by forcing employees to share tips, the restaurant forfeited the legal right to claim the tip credit, according to the report.

Harley wants his lawsuit be certified as a class action so other Tony’s employees and former employees could join the suit, according to the report.  He’s asking for all unpaid and underpaid wages plus damages, according to the report.

The Lexington Herald-Leader reports Tony’s has not responded to the lawsuit yet and the restaurant’s attorneys had no immediate response.

The restaurant has been wildly successful since opening in Lexington in 2015.  It’s known for its great food and outstanding service.