Gardner v. Country Club, Inc. (Lawyers Weekly No. 002-103-16, 11 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-03399; D.S.C.
Holding: Although defendant’s exotic dancers were paid only in tips and service charges (for tableside and private dances), and although South Carolina courts have not expressly addressed whether tips may constitute wages under the South Carolina Payment of Wages Act, a review of cases considering similar scenarios convinces the court that tips meet the definition of wages under the SCPWA. Plaintiff’s allegations as to improper tip/wage deductions advance a plausible basis for relief.
The court denies defendant’s motion to dismiss plaintiff’s SCPWA claim.