Clincy v. Galardi South Enterprises, Inc., Slip Copy2009 WL 2913208
Plaintiffs [...] were employed as entertainers at Club Onyx (“Onyx”), an adult entertainment night club allegedly owned and operated by Defendants. On July 31, 2009, Plaintiffs filed a putative collective action against their employer for violating the Fair Labor Standards Act (“FLSA”).
The alleged violations of the FLSA include misclassifying the Plaintiffs as independent contractors instead of employees, failing to pay minimum wage and overtime, and retaliation for filing suit under the statute.
On August 11, 2009, Parker, Pough, Wells, Leaphart, Sales, and Appling were at best suspended, and perhaps permanently terminated, from their employment with Onyx as a result of filing this action.
Plaintiffs Jordan, on August 12, and Clincy, on August 13, were also informed that they could no longer work at Onyx due to their involvement in this suit.
On August 20, 2009, Plaintiffs filed a Motion for Temporary Restraining Order and Preliminary Injunction. Among the relief sought in the motion, Plaintiffs requested that [they] be reinstated to their positions at Onyx and that they and other similarly situated individuals not be adversely affected by participation in this suit.
Plaintiffs also requested the tolling of the statute of limitations for the FLSA claims of similarly situated individuals. A hearing on Plaintiff’s motion was held on August 26, 2009, at which Plaintiffs and Defendants were each represented by counsel.
The real question is, if they aren’t making min. wage, why continue to strip? They got the injunction though…
Plaintiffs have demonstrated a substantial likelihood of success on the merits of the underlying case. [...] This type of action represents a flagrant violation of the FLSA’s anti-retaliation provision and therefore Plaintiffs have satisfied the first requirement by demonstrating a substantial likelihood of success.
