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Three Manhattan area strip clubs are facing allegations of violating state and federal overtime laws from a set of bouncers in a wage and hour class action lawsuit.
Lead plaintiffs Martin Racey, Kevin McDonald, Gary Williams, and Alex Abreu are filing legal action against three Manhattan strip clubs, alleging they did not receive overtime pay despite working hours well over their required shifts.
The bouncers went on to say that none of the clubs’ employees have been adequately paid, citing violations against several federal overtime laws.
The proposed wage and hour class action lawsuit is being filed by the former bouncers, or “floor men”, against the strip clubs FlashDancers Gentlemen’s Club, Private Eyes Gentlemen’s Club, and New York Dolls Gentlemen’s Club.
The clubs’ owners are also named as defendants and are accused of failing to adhere to overtime pay regulations and thereby violating the Fair Labor Standards Act (FLSA) and New York Labor laws.
Unpaid Overtime Pay Allegations
The plaintiffs, all former bouncers of the named strip clubs, filed the proposed wage and hour class action lawsuit after not receiving overtime pay and benefits despite working beyond their nightly shifts into the early morning.
The strip clubs targeted in this wage and hour class action suit were also hit with an earlier claim for similar federal labor law violations. In this particular lawsuit, former porter Enrique Arana sued the FlashDancers club over alleged daily-fixed salary practices rather than minimum wage.
Arana claimed this deprived employees of earning overtime pay and other benefits.
Similar claims were made by the former bouncers in their wage and hour class action lawsuit, as they state the clubs had regularly forced them to work over 40 hours per week but only paying the employees for an eight-hour shift.
The former bouncers stated that they were regularly scheduled to from 7:30pm to 4:00am, but often worked past the end of their shifts but were still paid on an eight-hour basis. In addition, the former bouncers did receive a full 30min break, it was rare for them to take a full one.
The clubs challenged the plaintiffs’ claims in a motion to dismiss filed in early April, stating that the bouncers were exempt from federal overtime laws.
In addition, the strip clubs argued that conditional certification for this wage and hour lawsuit is unfair for the defendants, asserting it is likely they will prove the former bouncers are exempt from New York labor laws and federal overtime laws.
However, the former bouncers are confident in their wage and hour class action lawsuit and are continuing with their claims.
“Plaintiffs provided specific evidence that they and other employees of defendants were subject to defendants’ unlawful policy of failing to pay overtime premiums. This is more than sufficient to satisfy their burden,” the bouncers stated in reply to the defendants’ April 04, 2016 motion to deny conditional certification.
The bouncers are seeking compensation for all missed overtime payments, along with any other relevant punitive damages.
The Wage and Hour Class Action Lawsuit is Martin Racey et al. v. Jay-Jay-Cabaret Inc. d/b/a/ Flash Dancers et al., Case No. 1:15-cv-08228 in the U.S. District Court of Southern New York.
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