10.  Doe exercises operational control over Mellow Mushroom; he has the authority to  hire, discipline, and fire employees of Mellow Mushroom; he was involved in the decisions to  set the wages and pay for Plaintiff and all other similarly situated employees; and, therefore, Doe  is individually liable to Plaintiff and all other similarly situated employees.   12.  Mellow Mushroom hired Plaintiff as a server around August 2012.     13.  Defendants paid Plaintiff, and all other similarly situated employees, less than the  statutory minimum wage by taking the “tip credit” under the FLSA, 29 U.S.C. § 203(m).    14.  When Plaintiff worked more than forty (40) hours in a workweek, Defendants  paid him, and all other similarly situated servers, overtime pay at a rate less than Ten and 88/100  dollars ($10.88).     15.  Mellow Mushroom required Plaintiff, and all other similarly situated servers, to  remit a portion of their tips at the end of each shift into a mandatory tip pool (“Tip Pool”).     16.  Mellow Mushroom redistributed a portion of that tip pool to “back of the house”  kitchen staff, who are not employees who are “regularly and customarily tipped employees.”    17.  Plaintiff realleges each and every allegation contained in Paragraphs 1 through 16 as  if repeated here verbatim.   18.  As alleged above, Plaintiff, and all other similarly situated employees, were  employed by Mellow Mushroom.   19.  At all times pertinent to this Complaint, Mellow Mushroom engaged in interstate  commerce or in the production of goods for commerce as defined by 29 U.S.C. § 203(r) and 203(s).   21.  The business of Mellow Mushroom was and is an enterprise engaged in commerce  as defined by 29 U.S.C. § 203(s)(1) and, as such, Mellow Mushroom is subject to, and covered by,  the FLSA.   22.  The FLSA, 29 U.S.C. § 206, requires employers to pay its nonexempt employees a  minimum wage of Seven and 25/100 dollars ($7.25) an hour.   23.  The FLSA, 29 U.S.C. § 203(m), provides an exception allowing employers to pay  less than the statutory minimum wage to tipped employees, on the condition that the pooling of  tips is only amongst those who customarily and regularly receive tips.   24.  When the employer shares the Tip Pool with back of the house staff, the Tip Pool  is invalidated.     25.  When the Tip Pool is invalidated, the employer can no longer enjoy the benefits  of the tip credit provision, 29 U.S.C. § 203(m).     26.  Without the benefit of the tip credit provision, Defendants must pay each  nonexempt employee the statutory minimum wage of Seven and 25/100 dollars ($7.25) per hour.     27.  Defendants have violated the FLSA, 29 U.S.C. § 206.   28.  Plaintiff, on behalf of himself and all others similarly situated, seeks to recover  from Defendants the amount of minimum wages due, amount remitted to the illegal tip pool,  prejudgment interest, and the costs and disbursements of this action, including reasonable  attorneys’ fees.    30.  Plaintiff realleges each and every allegation contained in Paragraphs 1 through 29 as  if repeated here verbatim.   31.  Pursuant to the terms of the FLSA, 29 U.S.C. § 207, an employer must pay a  nonexempt employee time and a half for all hours worked over forty (40) hours in a workweek.   32.  Plaintiff and all other similarly situated employees were nonexempt employees  under the FLSA, and Defendants have failed to pay Plaintiff and all other similarly situated  employees the proper amount for overtime hours worked.   33.  Defendants have violated the FLSA, 29 U.S.C. § 207.   34.  As such, Plaintiff, on behalf of himself and all other similarly situated employees,  seeks to recover the amount of overtime wages due, prejudgment interest, and the costs and  disbursements of this action, including reasonable attorneys’ fees.   8.  Plaintiff realleges each and every allegation contained in Paragraphs 1 through 7 as  if repeated here verbatim.   9.  Mellow Mushroom owns and operates a restaurant, which has three (3) separate  locations, within the Florence-Horry County area.   Violation of Fair Labor Standards Act  29 U.S.C. § 207  (Failure to Pay Proper Overtime Wage)   Violation of Fair Labor Standards Act  29 U.S.C. § 203(m), 206  (Violation of Tip Credit / Failure to Pay Proper Minimum Wage)  