united states district court crystal crittendon ......follies, inc. d/b/a cheetah and jack braglia...

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

CRYSTAL CRITTENDON, ) SHALEAH DAYE, RIANA EAST, ) CASSIDY GATES, JOVANA ) CIVIL ACTION GIBBS-ARNOLD, ASHLEY ) FILE NO. 1:18-mi-99999 HAYES, MERRIAH ) HILLARD, ASHLEY JOHNSON, ) TIFFANY LOWE, JASMINE ROSS, ) JASMINE THOMAS, MEGAN ) THOMAS, and SAMANTHA ) WILLIAMS, individually and on ) FLSA COLLECTIVE ACTION behalf of those similarly situated ) and LINDSEY CROOME, NICOLE ) MILLER-JORDAN and AVIA ) JURY TRIAL DEMANDED SHLTON individually only, ) ) Plaintiffs, ) ) v. ) ) INTERNATIONAL FOLLIES, INC. ) d/b/a Cheetah and JACK BRAGLIA, ) ) Defendants. )

COMPLAINT

COME NOW, CRYSTAL CRITTENDON, SHALEAH DAYE,

RIANA EAST, CASSIDY GATES, JOVANA GIBBS-ARNOLD, ASHLEY

HAYES, MERRIAH HILLARD, ASHLEY JOHNSON, TIFFANY LOWE,

Case 1:18-cv-02185-ELR Document 1 Filed 05/16/18 Page 1 of 32

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JASMINE ROSS, JASMINE THOMAS, MEGAN THOMAS, SAM

WILLIAMS, Individually and on behalf of those similarly situated, and

LINDSEY CROOME, NICOLE MILLER-JORDAN and AVIA SHELTON,

individually and files their Complaint against INTERNATIONAL

FOLLIES, INC. d/b/a Cheetah and JACK BRAGLIA and show:

INTRODUCTION

1. Plaintiffs are former or current employees of

INTERNATIONAL FOLLIES, INC. (“Cheetah”).

2. Cheetah operates an adult entertainment club in Atlanta, Fulton

County, Georgia known as the “Cheetah.”

3. JACK BRAGLIA (“Braglia”) is the general manager of

Cheetah and part owner of Cheetah.

4. Cheetah failed to pay Plaintiffs and other similarly situated

entertainers the minimum wage and overtime wage for all hours worked in

violation of 29 U.S.C. §§ 206 and 207 of the Fair Labor Standards Act, 29

U.S.C. § 201 et. seq. (“FLSA”).

5. Cheetah also required Plaintiffs and similarly situated

entertainers to make certain payments to Cheetah employees and others

which caused Plaintiff’s wages to drop below the minimum wage and

applicable overtime wage, thereby constituting an illegal deduction under


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the FLSA.

6. Cheetah required Plaintiffs and similarly situated entertainers to

contribute to an unlawful tip pool which caused Plaintiffs’ and the similarly

situated entertainers’ wages to drop below the minimum wage and

applicable overtime wage.

7. As a result of Defendants’ violation of the FLSA, Plaintiffs and

the similarly situated entertainers seek all unpaid minimum and overtime

wages, recovery of unlawful deductions, liquidated damages, interest, and

attorneys’ fees and costs pursuant to 29 U.S.C. § 216.

JURISDICTION AND VENUE

8. This Court has jurisdiction over the subject matter of this action

under 28 U.S.C. § 1331 because this action arises under the FLSA, 29

U.S.C. § 201 et seq.

9. Venue is proper in this District because all or a substantial

portion of the events forming the basis of this action occurred in this

District. Defendants’ club is located in this District and Plaintiffs and the

collective action members worked in this District.

PARTIES

10. Plaintiffs and the other similarly situated entertainers were

employed as entertainers by Cheetah and each of them qualified as an


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“employee” as defined by the FLSA, 29 U.S.C. § 203(e)(1).

11. Plaintiffs have consented in writing to assert claims under the

FLSA. As this case proceeds, it is likely that other individuals will sign

consent forms and join this action as opt-in Plaintiffs.

12. The collective action members are current or former

entertainers who were employed by Defendants as entertainers from April 9,

2016 through the present.

13. Cheetah is a Georgia Corporation with its principal place of

business located at 887 Spring Street, NW, Atlanta, Fulton County, Georgia

30308. At all times mentioned herein, Cheetah was an “employer” of

Plaintiffs and the collective action members within the meaning of the

FLSA, 29 U.S.C. § 203(d), (g). Defendant International Follies, Inc. d/b/a

Cheetah may be served by serving its registered agent, William M. Hagood

at 887 Spring Street NW, Atlanta, Fulton County, Georgia, 30308.

14. Defendant Jack Braglia (“Braglia”) is the General Manager of

the Cheetah and a resident of Fulton County, Georgia. Braglia acted directly

or indirectly on behalf of Cheetah, and, at all times mentioned herein was an

“employer” or joint employer of Plaintiffs and the collective action members

within the meaning of the FLSA. Defendant Braglia may be served at 887

Spring Street, NW, Atlanta, Fulton County, Georgia 30308.


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15. Plaintiff Crystal Crittenden (“Crittenden”) has been employed

by Cheetah from July 10, 2012 through the present. Crittenden brings this

action individually and on behalf of the collective action members.

16. Plaintiff Shaleah Daye (“Daye”) was employed by Cheetah

from May 22, 2013 through August 16, 2016. Daye brings this action

individually and on behalf of the collective action members.

17. Plaintiff Riana East (“East”) was employed by Cheetah from

June 10, 2013 through May 25, 2016. East brings this action individually

and on behalf of the collective action members.

18. Plaintiff Cassidy Gates (“Gates”) was employed by Cheetah

from January 31, 2012 through November 10, 2017. Gates brings this action


19. Plaintiff Jovanna Gibbs-Arnold (“Gibbs-Arnold”) has been

employed by Cheetah from October 24, 2012 through the present. Gibbs-

Arnold brings this action individually and on behalf of the collective action

members.

20. Plaintiff Ashley Hayes (“Hayes”) has been employed by

Cheetah from July 15, 2014 through the present. Hayes brings this action



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21. Plaintiff Merriah Hilliard (“Hilliard”) has been employed by

Cheetah from July 24, 2013 through the present. Hilliard brings this action


22. Plaintiff Ashley Johnston (“Johnston”) was employed by

Cheetah from December 12, 2012 through April 20, 2016. Johnston brings

this action individually and on behalf of the collective action members.

23. Plaintiff Tiffany Lowe (“Lowe”) has been employed by

Cheetah from March 26, 2011 through the present. Lowe brings this action


24. Plaintiff Jasmine Ross (“Ross”) has been employed by Cheetah

from November 23, 2012 through the present. Ross brings this action


25. Plaintiff Jasmine Thomas (“Thomas”) was employed by

Cheetah from August 6, 2013 through August 5, 2015. Thomas brings this

action individually.

26. Plaintiff Megan Thomas (“M. Thomas”) has been employed by

Cheetah from January 26, 2011 through the present. M. Thomas brings this



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27. Plaintiff Samantha Williams (“Williams”) has been employed

by Cheetah from June 14, 2012 through the present. Williams brings this


28. Plaintiff Lindsey Croome (“Croome”) was employed by

Cheetah from August 26, 2013 through January 6, 2016. Croome brings this


29. Plaintiff Nicole Miller-Jordan (“Jordan”) was employed by

Cheetah from December 16, 2013 through April 1, 2016. Jordan brings this

action individually.

30. Plaintiff Avia Shelton (“Shelton”) was employed by Cheetah

from November 17, 2013 through March 22, 2016. Shelton brings this action


FACTUAL ALLEGATIONS

31. Plaintiffs were employed by Cheetah as entertainers during the

past three (3) years.

32. The collective action members were employed by Cheetah after

April 9, 2016.

33. The primary duty of a cheetah entertainer is “to dance and

entertain customers, give them a good experience.”


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34. Specifically, an entertainer performs stage and table dances, and

entertains customers on an hourly basis.

35. Stated differently, entertainers “danc[e] on stage, perfor[m]

table dances, and entertai[n] customers in Cheetah’s VIP rooms, all while

nude or semi-nude.”

A. FLSA Claims Arising Prior to April 9, 2016.

36. From 2001 until April 9, 2016, Cheetah classified entertainers

as independent contractors.1

37. Plaintiffs Hayes, East, Thomas, M. Thomas, Johnston, Daye,

Williams, Crittenden, Gibbs-Arnold, Jordan, Lowe, Ross, Croome, Hilliard,

Shelton and Gates (“Misclassified Plaintiffs”) worked for Cheetah prior to

April 9, 2016 and were misclassified as independent contractors.

38. Misclassified Plaintiffs were actually employees under the

FLSA.

39. Cheetah exercised significant control over Misclassified

Plaintiffs through written and unwritten policies and procedures.

1 From Cheetah’s inception through the present, it has repeatedly changed the employment status of its entertainers to reflect its business interests. In the 90’s, Cheetah treated entertainers as employees. In 2001, it began treating them as independent contractors. In 2016, Cheetah began treating entertainers as employees again.


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40. Misclassified Plaintiffs were subject to specific work schedules

requiring them to be at work at certain times and on certain days.

41. Misclassified Plaintiffs were required to work at least 3

scheduled shifts per week.

42. The weekly schedule was determined at the onset of

Misclassified Plaintiffs’ employment and changed only with Cheetah’s

consent.

43. For each night shift, Misclassified Plaintiffs were required to be

at work by 7:30 pm., on the floor at 8:00 p.m. and remain at work until

checkout was completed which rarely occurred before 3:30 am.

44. Requests for a night off or a vacation while scheduled to work

were required to be approved by Cheetah in advance.

45. Misclassified Plaintiffs who showed up late for work were fined

between $25 and $50 depending on the time they arrived at work.

46. If an entertainer arrived after 9:45, she was not permitted to

work, and subject to other discipline.

47. An entertainer was subject to discipline, including suspension

or termination, for an unexcused absence from work.

48. Misclassified Plaintiffs were required to dance at specified

times and in a specified manner on stage and for customers.


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49. Misclassified Plaintiffs were required to perform stage dance

sets once every hour during each shift.2

50. Each stage set consisted of four (4) dances.

51. Misclassified Plaintiffs were also required to participate in a

walk out and provide two for one dances every night following the walkout

ceremony.

52. During the walkout all of the entertainers are required to dress

in evening gowns and parade before the customers.

53. Cheetah tightly controlled the nightly walkout. Specifically,

Cheetah’s rules regarding the walkout demonstrate its control:

[w]alkout for nightshift is at 10:00 p.m. A two-for-one dance (two songs for $10) immediately follows the walkout. When you hear the house mom calling for everyone to go behind the main stage and line up, you should be ready and headed that way. Once behind the main stage, line up on either side and follow the line as it move up to the top of the stage. The house mom will be there and she will tell which stage to stop-on. Once the DJ calls your name make your way down the main stage and to the stage number that you were assigned. Once at your stage, smile and wait to be picked. DO NOT TALK TO EACH OTHER WHILE YOU ARE ON STAGE. If you are picked, make sure everyone has walked out, use the stairs to get off the stage, and go to the customer’s table. Dance two songs for $10. (Remember that all reviews are danced table-top, stage-top, and bar-top only, on the main floor.) If you are not

2 When an entertainer arrived for work, she was required to sign in with the house mom. The house mom typically then assigns the entertainer to one of four color-coded dance groups (red, yellow, green, blue). These assignments determine when each entertainer actually performs on stage.


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picked, you must stay on stage for the entire two-for one and wait for the next set to show up before you get down. 54. Cheetah exercised significant control over other key aspects of

an entertainer’s work, such as “Table Dancing.”

55. With regard to table dancing, Cheetah’s rules provide as

follows:

∙ [t]able dances are done table-top, table-side, stage top, stage-side, bar-side or bar-top in the main room. You must dance tableside in VIP rooms, in the dining room, in the mezzanine area. In the executive room, you may dance either table-top or table side;

(emphasis added).

56. Cheetah controlled the amount an entertainer could charge a

customer for a table dance:

∙ [a]ll table dances are $10. You may not ask for more than $10 for a dance anywhere in the club.

(emphasis added). 57. Cheetah controlled the way an entertainer could interact with a

customer:

∙ [e]ntertainers are allowed to ask for dances, but the are NOT allowed to go from person to person asking for them. We observe a no-hassle policy with dances here. You may mingle and flirt with customers to let them know that you are available to dance for them. We encourage you to act has


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hostesses, ask customers’ name, introduce yourself, etc....

58. Cheetah controlled the way an entertainer danced for a

customer:

∙ [d]ancing at the Cheetah is very conservative compared to other clubs. We want dancing here to be very clean, so we do not allow lewd dancing... Here are some dancing “don’ts” and “nevers”:

-No squatting -No slapping -No “pulling” (of butt cheeks-gross!) -No fondling (by your or by the customer)

-No “flossing” or “slingshotting” your bottoms

-No bending over -Never give your bottoms to a customer -Never take a tip from behind

-Never get down from a table until you are full dressed

Please remember that you should only be

naked while dancing. You are not allowed to walk around topless or naked.

59. Cheetah controlled the means and manner by which

Misclassified Plaintiffs performed their duties at the workplace.

60. Cheetah had authority to suspend, fine, fire, or otherwise

discipline entertainers for non-compliance with its rules regarding dancing.

61. Cheetah actually suspended, fined, fired, or otherwise

disciplined entertainers for non-compliance with its rules regarding dancing.


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62. Cheetah tightly regulated entertainer appearance while on duty,

including the costumes, footwear, makeup, hair, nails and accessories used

by an entertainer.

63. Each entertainer was “required to wear makeup, to have [their]

nails painted, and to have [their] hair done, all according to standards

communicated to [them] by Cheetah management and/or house moms.”

64. If an entertainer failed to comply with the dress and appearance

requirements, she was required to either correct the problem, or was not

allowed to perform.

65. Entertainer footwear was specifically subject to management

approval.

66. Each entertainer was required to wear stiletto heals no shorter

than 4.5 inches.

67. Each entertainer was forced to wear two piece outfits and

garters for stage dancing, covers for walking around and break away

bottoms.

68. Although Cheetah allowed entertainers to choose their own

costumes, Cheetah reserved the right to decide what a particular entertainer

was allowed to wear on the premises.


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69. In short, Cheetah directly and meticulously controlled

entertainer appearance while on duty at the club.

70. Cheetah provided and paid for all advertising and marketing

efforts undertaken on behalf of Cheetah.

71. Cheetah paid for the building used by the Cheetah, maintenance

of the facility, the sound system, stages, lights, food, beverage and inventory

used at the facility.

72. Cheetah made all hiring decisions regarding wait staff, security,

entertainer, managerial and all other employees on the Cheetah premises.

73. Cheetah’s opportunity for profit and loss far exceeded each

entertainer’s opportunity for profit and loss from work at the Cheetah.

74. Nude dancing is an integral part of Cheetah’s operations.

Cheetah’s advertising prominently displays nude dancing for its customers.

The Cheetah is well known as a “strip club.”

75. Cheetah needs entertainers to successfully and profitably

operate the Cheetah business model.

76. The position of entertainer requires no managerial skill of

others.

77. The position of entertainer requires little other skill or

education, formal or otherwise.


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78. The only requirements to become a Cheetah entertainer are

“physical attributes” and the ability to dance seductively.

79. The amount of skill required is more akin to an employment

position than that of a typical independent contractor.

80. The hiring process involves a brief audition before Defendant

Braglia or one of Cheetah’s house moms.

81. The audition consists of the prospective entertainer briefly

dancing in the nude for Defendant Braglia or the house mom, or merely

disrobing and showing the house mom or Defendant Braglia her nude front

and backside.

82. Cheetah does not require prior experience as an entertainer or

any formal dance training as a job condition or prerequisite to employment.

83. Cheetah does not require the submission of an application or a

resume as part of the hiring process.

84. Misclassified Plaintiffs had little or no formal dance training

and experience before auditioning to dance at Cheetah.

85. Cheetah failed to pay Misclassified Plaintiffs an hourly wage or

salary.

86. Instead, Misclassified Plaintiffs were compensated by

Cheetah’s customers in the form of tips and gratuities.


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87. The tips and gratuities were paid directly by the customer to the

Misclassified Plaintiffs.

88. Cheetah never took possession of the payments made to


89. Cheetah failed to keep records of Misclassified Plaintiffs’ tips,

gratuities and/or service charges paid to Plaintiff or any other entertainer by

customers in violation of 29 CFR Part 516.28.

90. Cheetah failed to include Misclassified Plaintiffs’ earnings from

customers in Cheetah’s gross receipts for tax or accounting purposes.

91. At the end of each shift, each Misclassified Plaintiff was

required to go through a tip out procedure during which the entertainer was

required to pay the House mom, floormen, floor manager, disc jockey,

cheetah buck girls, and other Cheetah employees a portion of their tips.

92. Misclassified Plaintiffs, if late for work, failed to appear for a

scheduled shift, or are deemed to have violated certain Cheetah rules, were

charged additional fees or fines that were retained by the Club or

management.

93. Fines are paid directly to the General Manager and/or house

mom.

94. Cheetah maintains no record of fines, tips and gratuities and/or


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service charges received by Misclassified Plaintiffs.

95. Cheetah maintains incomplete records of time worked by


96. Cheetah’s failure to maintain records of the time worked and

amounts paid as fines, tips, gratuities and service charges violate the record

keeping requirements of 29 CFR Part 516.

97. Defendants required Plaintiffs and the other entertainers to

attend meetings at Defendants’ business.

98. Misclassified Plaintiffs typically worked at least three (3) eight

(8) hour shifts per week without being paid any wages by Defendants.

99. Misclassified Plaintiffs worked over forty (40) hours in some

weeks they worked for Defendants without being paid any wages.

100. In order to comply with Cheetah’s strict dress and appearance

standards, Misclassified Plaintiffs typically expended at least one (1) hour of

time each shift getting ready for work without being paid any wages for such

time getting ready.

101. At the end of each night shift, Misclassified Plaintiffs were

required to wait at Cheetah until the premises and the parking lot were

cleared of customers before they were allowed to leave work without being

paid wages for such waiting time.


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102. Cheetah never paid Misclassified Plaintiffs any wages or

compensation for any hour in any workweek in which they worked, got

ready for work or were required to be on the premises.

103. Cheetah did not pay Misclassified Plaintiffs one-and-a-half

times their regular rate of pay when Plaintiffs worked over forty hours in a

given workweek.

104. Cheetah has repeatedly been sued for similar non-compliance

with the FLSA beginning in 2013.

105. Cheetah has been subject to numerous arbitration proceedings

raising similar FLSA issues resulting in several adverse FLSA decisions

involving the same issues in this lawsuit.

106. Cheetah has repeatedly sought and received counsel from

attorneys regarding the legality of their FLSA misclassification schemes.

107. Since at least 2011, Cheetah has been aware that similar FLSA

misclassification schemes involving similar adult entertainment

establishments are illegal.

108. In spite of Cheetah’s knowledge of the illegality of its FLSA

misclassification schemes and compensation practices, it continued until

April 8, 2016, to operate illegally because the practice was financially

profitable to Cheetah and others.


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109. Defendants knew, or showed reckless disregard for the fact that

they misclassified these individuals as independent contractors, and

accordingly failed to pay these individuals the minimum and overtime wage

at the required rate under the FLSA and unlawfully deducted tip-outs and

fines from their pay.

110. Misclassified Plaintiffs were not covered by any minimum or

overtime wage exemption contained in the FLSA.

B. Claims Accruing After April 9, 2016.

110. On or about April 9, 2016, Cheetah began classifying its

entertainers as employees under the FLSA.

112. After reclassification, Cheetah began paying entertainers a

wage of $2.13 per hour and used a tip credit to make up the difference

between the hourly wage and the minimum wage under the tip credit

provisions of the FLSA.

113. Plaintiffs Hayes, East, M. Thomas, Johnston, Daye, Williams,

Crittenden, Gibbs-Arnold, Lowe, Ross, Hilliard, Hayes and Gates

(“Collective Action Plaintiffs”) and the collective action members were

employed as entertainers at the Cheetah after April 9, 2015.

114. The primary duties of an entertainer after reclassification

remained the same as before reclassification.


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115. Collective Action Plaintiffs and the collective action members

were required to work at least three (3) shifts per week.


worked a day or night shift.


were required for each night shift to be at work by 7:30 pm., on the floor at

8:00 p.m. and remain at work until checkout was completed which rarely

occurred before 3:30 am.

118. During the day shift, entertainers were required to be at work by

11:00 a.m., on the floor by 11:30 a.m. and remain at work until 8:00 p.m.,

and checkout was completed by roughly 8:30 p.m.

119. After reclassification, Cheetah continued to tightly regulate

entertainer appearance while on duty, including the costumes, footwear,

makeup, hair, nails and accessories used by an entertainer to work at

Cheetah.

120. After reclassification, each entertainer was still “required to

wear makeup, to have [their] nails painted, and to have [their] hair done, all

according to standards communicated to [them] by Cheetah management

and/or house moms.”


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121. Because of Cheetah’s strict dress and appearance requirements,

Collective Action Plaintiffs and the collective action members typically

required in excess of an hour per shift of time to get ready for work.

122. Cheetah did not pay the entertainers, including the Collective

Action Plaintiffs and the collective action members, for the time they spent

getting ready for work required to comply with Cheetah policies.

123. Cheetah knew that their entertainers, including the Collective

Action Plaintiffs and the collective action members, were not being

compensated for time incurred getting ready for work at Cheetah.

124. After reclassification, Cheetah continued to require Cheetah

dancers to go through a check-out process at the end of each shift, during

which the entertainer is required to make certain payments to the floor men,

floor manager, house moms and DJ.

125. The check out process included a breathalyzer test and required

the entertainer to wait for the floor to clear, to wait in line to make the

required payments, wait for the parking lot to clear before they could leave

the premises.

126. Cheetah did not pay the entertainers, including the Collective

Action Plaintiffs and the collective action members, for the time they spent


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getting ready for work and going through the mandatory check out and

required waiting procedures.

127. Cheetah knew that entertainers, including the Collective Action

Plaintiffs and collective action members, were not being compensated for

the time incurred waiting on the premises to leave work.

128. After reclassification, Cheetah continued to require entertainers

to find and pay for another dancer to “cover” for her if she did not receive

permission to miss work or could not make it to work on a scheduled shift.

129. The cover charge minimum was $40 per shift and the average

night shift charge for a cover was $80 per shift.

130. Every time an entertainer was required to pay a cover in a

workweek, her wages dropped below the minimum wage for that workweek,

and the overtime wage in those workweeks in which overtime wages were

applicable.

131. The Collective Action Plaintiffs and the collective action

members paid covers which dropped their wages to drop below the

minimum wage and applicable overtime rate.

132. Cheetah knew that its entertainers, including the Collective

Action Plaintiffs and the collective action members, were paying covers

when they were unable to work.


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133. After Cheetah classified entertainers as employees, it required

each entertainer to contribute ten percent (10%) of their earnings to a tip

pool.

134. The tip pool was divided amongst the house moms, floor men,

night manager and disc jockey each shift.

135. Because a portion of the tip pool was shared with management,

floor men, house moms and the DJ, the tip pool is invalid under the FLSA.

136. Because the tip pool is invalid, Cheetah is not entitled to a tip

credit for the difference between the hourly wage of $2.13 and the minimum

wage of $7.25 per hour.

137. After reclassification, entertainers were still required to pay the

floormen a tip of 20% for all VIP referrals.


paid floormen VIP referral fees to floormen during certain workweeks.

139. For each workweek in which a VIP referral fee was paid by an

entertainer, the entertainer’s wages dropped below the minimum wage.

140. The cover charges, VIP referral fees, unpaid time spent getting

ready for work, going through the check-out process, time spent waiting

after work and invalid tip pool caused Collective Action Plaintiffs and the

collective action members’ wages to drop below the minimum wage.


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141. Cheetah’s entertainers were not covered by any exemption

under the FLSA.

142. Cheetah maintained inaccurate records of fines, tips and

gratuities and/or service charges received by Collective Action Plaintiffs and

the collective action members.

143. Cheetah maintains incomplete records of time worked by each

by Collective Action Plaintiffs and the collective action member.

144. Cheetah’s failure to maintain records of the time worked and

amounts paid as fines, tips, gratuities and service charges violate the record

keeping requirements of 29 CFR Part 516.

145. Defendants knew, or showed reckless disregard for the fact that

there compensation policies violated the FLSA.

COLLECTIVE ACTION ALLEGATIONS – 29 U.S.C. § 216(b)

146. Cheetah maintained a policy and practice of not compensating

entertainers for the time they spent getting ready for work.

147. Cheetah maintained a policy and practice of not compensating

entertainers for time spent during the check out process and waiting time on

Cheetah’s premises at the end of the night shift.


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148. Cheetah maintained a policy and practice of requiring

entertainers to hire and pay another entertainer as a cover if the entertainer

was unable to make a scheduled shift.

149. Cheetah maintained a policy and practice of requiring

entertainers to participate in an unlawful tip pool.

150. Like the Collective Action Plaintiffs, there are members of the

putative Collective action who are or were subject to the same FLSA

violations. These individuals would benefit from the issuance of court-

supervised notice of this lawsuit and the opportunity to join by filing their

written consent. Defendants can readily identify these similarly situated

entertainers through its business records and produce their contact

information to Plaintiffs’ counsel. The Collective Action Plaintiffs are

“similarly situated” to the § 216(b) class of persons they seek to represent,

and will adequately represent the interests of the class. Collection Action

Plaintiffs have hired experienced Counsel who will adequately represent the

class.

151. The putative class includes:

All entertainers who were employed by International Follies, Inc. after April 9, 2016.


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COUNT I MINIMUM WAGE CLAIM (Claims for Violation of 29 U.S.C. § 206)

152. Each Defendant is an “employer” or joint employer of Plaintiffs

and all others similarly situated within the meaning of the FLSA, 29 U.S.C.

§ 203(d).

153. Defendants are engaged in “commerce” and/or in the

production of “goods” for “commerce” as those terms are defined in the

FLSA.

154. Defendants operate an enterprise engaged in commerce within

the meaning of the FLSA, 29 U.S.C. § 203(s)(1), because it has employees

engaged in commerce, and because its annual gross volume of sales made is

more than $500,000.

155. Plaintiffs consent to sue in this action pursuant to 29 U.S.C. §

216(b).

156. A consent to sue executed by each Plaintiff is attached to

Complaint.

157. Defendants failed to pay Plaintiffs and all others similarly

situated the minimum wage in violation of 29 U.S.C. § 206.

158. Based upon the conduct alleged herein, Defendants knowingly,

intentionally and willfully violated the FLSA by not paying Plaintiffs and

the collective action members the minimum wage under the FLSA.


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159. Throughout the relevant period of this lawsuit, there is no

evidence that Defendants’ conduct that gave rise to this action was in good

faith and based on reasonable grounds. In fact, Defendants continued to

violate the FLSA long after it learned that its misclassification scheme and

compensation policies were illegal.

160. Due to Defendants’ FLSA violations, Plaintiffs and the

collective action members are entitled to recover from Defendants,

minimum wage compensation and an equal amount in the form of

liquidated damages, as well as reasonable attorneys’ fees and costs of the

action, including interest, pursuant to 29 U.S.C. § 216(b).

COUNT II OVERTIME WAGE CLAIM (Violation of 29 U.S.C. § 207)

161. Each Defendant is an “employer” or joint employer of Plaintiffs

and all others similarly situated within the meaning of the FLSA, 29 U.S.C.

§ 203(d).

162. Defendants are engaged in “commerce” and/or in the

production of “goods” for “commerce” as those terms are defined in the

FLSA.

163. Defendants operate an enterprise engaged in commerce within

the meaning of the FLSA, 29 U.S.C. § 203(s)(1), because it has employees


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engaged in commerce, and because its annual gross volume of sales made is

more than $500,000.

164. Plaintiffs consent to sue in this action pursuant to 29 U.S.C. §

216(b).

165. A consent to sue executed by each Plaintiff is attached to this

Complaint.

166. Defendants failed to pay Plaintiffs and all others similarly

situated the applicable overtime wage for each hour in excess of forty (40)

during each workweek in which they worked in violation of 29 U.S.C. §

207.

167. Based upon the conduct alleged herein, Defendants knowingly,

intentionally and willfully violated the FLSA by not paying Plaintiffs and

the collective action members the overtime wage required under the FLSA.

168. Throughout the relevant period of this lawsuit, there is no

evidence that Defendants’ conduct that gave rise to this action was in good

faith and based on reasonable grounds. In fact, Defendants continued to

violate the FLSA long after it learned that its misclassification scheme and

compensation policies were illegal.

169. Due to Defendants’ FLSA violations, Plaintiffs and the

collective action members are entitled to recover from Defendants, overtime


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wage compensation and an equal amount in the form of liquidated damages,

as well as reasonable attorneys’ fees and costs of the action, including

interest, pursuant to 29 U.S.C. § 216(b).

WHEREFORE, Plaintiffs respectfully pray that this Court grant

relief as follows:

a. Certify this as a collective action and issue notice to collective

action members;

b. As to Count I award Plaintiffs and the collective action

members judgment for wages at the minimum rate, including

the recovery of all payments reducing wages below the

minimum wage, as well as liquidated damages, interest and

attorneys’ fees as provided for under the FLSA;

c. As to Count II award Plaintiffs judgment for overtime wages,

including the recovery of all payments reducing wages below

the overtime wage, as well as liquidated damages in an equal

amount, interest and attorneys’ fees as provided for under the

FLSA;

d. Award Plaintiffs costs of this action, including expert fees;

e. Grant Plaintiffs and the collective action members a jury trial

on all issues so triable; and


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f. Award Plaintiff such other and further relief as the Court may

deem just and proper.

This 16th day of May, 2018.

/s/ Ainsworth G. Dudley

Ainsworth G. Dudley Ga. Bar No. 237415 Attorney for Plaintiffs

[email protected] DUDLEY LAW, LLC 4200 Northside Parkway Bldg. 1, Suite 200 Atlanta, GA 30327 404.687.8205

FLYNN LAW FIRM, LLC /s/ Jonah A. Flynn Jonah A. Flynn Georgia Bar No. 266555 Counsel for Plaintiffs 4200 Northside Parkway NE Building One, Suite 200 Atlanta, GA 30327 Phone: 404-835-9660 Fax: 404-835-6005 e-mail: [email protected]


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JURY DEMAND

Pursuant to F.R.C.P 38, Demand is hereby made for trial by

jury on all issues raised by these pleadings.

/s/ Ainsworth G. Dudley


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CERTIFICATE OF COMPLIANCE

The undersigned hereby certifies that the foregoing pleading complies

with the font and point selections approved by the Court in Local Rule 5.1B.

This pleading has been prepared in Times New Roman font, 14 point.

By: /s/ Ainsworth G. Dudley


EXHIBIT 1 Page 1 of 16

Case 1:18-cv-02185-ELR Document 1-1 Filed 05/16/18 Page 1 of 16

JS44 (Rev. 1/13 NDGA) CIVIL COVER SHEET The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except asprovided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S) DEFENDANT(S)

(b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF DEFENDANT (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF

LAND INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN) E-MAIL ADDRESS)

II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN “X” IN ONE BOX ONLY) (PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)

(FOR DIVERSITY CASES ONLY)

PLF DEF PLF DEF 1 U.S. GOVERNMENT 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE

2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER IN ITEM III) STATE

3 3 CITIZEN OR SUBJECT OF A FOREIGN COUNTRY 6 6 FOREIGN NATION

IV. ORIGIN (PLACE AN “X “IN ONE BOX ONLY) TRANSFERRED FROM APPEAL TO DISTRICT JUDGE

1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 MULTIDISTRICT 7 FROM MAGISTRATE JUDGE PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) LITIGATION JUDGMENT

V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

(IF COMPLEX, CHECK REASON BELOW)

1. Unusually large number of parties. 6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government.

3. Factual issues are exceptionally complex 8. Multiple use of experts.

4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries.

5. Extended discovery period is needed. 10. Existence of highly technical issues and proof.

CONTINUED ON REVERSEFOR OFFICE USE ONLY

RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP)

JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION _ (Referral)

Crystal Crittendon, Shaleah Daye, Riana East, Cassidey Gates, Jovana Gibbs-Afnold, Ashley Hayes, Merriah Hillard, Ashley Johnston, Tiffany Lowe, Jasmine Ross, Jasmine Thomas, Megan Thomas, Megal Thomas, and Samantha Williams, individually and on behalf of similarly situated entertainers and Lindsey Croome, Nicole Miller-Jordan and Avia Shelton individually only

International Follies, Inc., d/b/a Cheetah and Jack Braglia

Clayton County Georgia

Ainsworth Dudley Jonah Flynn Dudley Law, LLC Flynn Law Firm, LLC 4200 Northside Pkwy 4200 Northside Pkwy Bldg 1, Ste 200 Bldg 1, Ste 200 Atlanta, GA 30327 Atlanta, GA 30327

■ ■ ■■

■

Violation of the Fair Labor Standards Act, 29 U.S.C. §§ 206, 207

Fulton County, GeorgiaClayton County Georgia


VI. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)

CONTRACT - "0" MONTHS DISCOVERY TRACK150 RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT

152 RECOVERY OF DEFAULTED STUDENT LOANS (Excl. Veterans)

153 RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS

CONTRACT - "4" MONTHS DISCOVERY TRACK 110 INSURANCE 120 MARINE 130 MILLER ACT 140 NEGOTIABLE INSTRUMENT 151 MEDICARE ACT 160 STOCKHOLDERS' SUITS 190 OTHER CONTRACT 195 CONTRACT PRODUCT LIABILITY 196 FRANCHISE

REAL PROPERTY - "4" MONTHS DISCOVERYTRACK 210 LAND CONDEMNATION 220 FORECLOSURE 230 RENT LEASE & EJECTMENT 240 TORTS TO LAND 245 TORT PRODUCT LIABILITY 290 ALL OTHER REAL PROPERTY

TORTS - PERSONAL INJURY - "4" MONTHSDISCOVERY TRACK 310 AIRPLANE 315 AIRPLANE PRODUCT LIABILITY 320 ASSAULT, LIBEL & SLANDER 330 FEDERAL EMPLOYERS' LIABILITY 340 MARINE 345 MARINE PRODUCT LIABILITY 350 MOTOR VEHICLE 355 MOTOR VEHICLE PRODUCT LIABILITY 360 OTHER PERSONAL INJURY

362 PERSONAL INJURY - MEDICAL MALPRACTICE

365 PERSONAL INJURY - PRODUCT LIABILITY 367 PERSONAL INJURY - HEALTH CARE/

PHARMACEUTICAL PRODUCT LIABILITY368 ASBESTOS PERSONAL INJURY PRODUCT

LIABILITY

TORTS - PERSONAL PROPERTY - "4" MONTHSDISCOVERY TRACK

370 OTHER FRAUD371 TRUTH IN LENDING380 OTHER PERSONAL PROPERTY DAMAGE 385 PROPERTY DAMAGE PRODUCT LIABILITY

BANKRUPTCY - "0" MONTHS DISCOVERY TRACK 422 APPEAL 28 USC 158 423 WITHDRAWAL 28 USC 157

CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK 441 VOTING 442 EMPLOYMENT 443 HOUSING/ ACCOMMODATIONS 444 WELFARE 440 OTHER CIVIL RIGHTS 445 AMERICANS with DISABILITIES - Employment 446 AMERICANS with DISABILITIES - Other

448 EDUCATION

IMMIGRATION - "0" MONTHS DISCOVERY TRACK462 NATURALIZATION APPLICATION465 OTHER IMMIGRATION ACTIONS

PRISONER PETITIONS - "0" MONTHS DISCOVERYTRACK

463 HABEAS CORPUS- Alien Detainee510 MOTIONS TO VACATE SENTENCE530 HABEAS CORPUS535 HABEAS CORPUS DEATH PENALTY540 MANDAMUS & OTHER550 CIVIL RIGHTS - Filed Pro se555 PRISON CONDITION(S) - Filed Pro se560 CIVIL DETAINEE: CONDITIONS OF CONFINEMENT

PRISONER PETITIONS - "4" MONTHS DISCOVERYTRACK

550 CIVIL RIGHTS - Filed by Counsel555 PRISON CONDITION(S) - Filed by Counsel

FORFEITURE/PENALTY - "4" MONTHS DISCOVERYTRACK

625 DRUG RELATED SEIZURE OF PROPERTY 21 USC 881690 OTHER

LABOR - "4" MONTHS DISCOVERY TRACK710 FAIR LABOR STANDARDS ACT720 LABOR/MGMT. RELATIONS740 RAILWAY LABOR ACT751 FAMILY and MEDICAL LEAVE ACT790 OTHER LABOR LITIGATION791 EMPL. RET. INC. SECURITY ACT

PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK820 COPYRIGHTS840 TRADEMARK

PROPERTY RIGHTS - "8" MONTHS DISCOVERY TRACK830 PATENT

SOCIAL SECURITY - "0" MONTHS DISCOVERYTRACK

861 HIA (1395ff)862 BLACK LUNG (923)863 DIWC (405(g))863 DIWW (405(g))864 SSID TITLE XVI865 RSI (405(g))

FEDERAL TAX SUITS - "4" MONTHS DISCOVERYTRACK

870 TAXES (U.S. Plaintiff or Defendant)871 IRS - THIRD PARTY 26 USC 7609

OTHER STATUTES - "4" MONTHS DISCOVERYTRACK

375 FALSE CLAIMS ACT400 STATE REAPPORTIONMENT430 BANKS AND BANKING450 COMMERCE/ICC RATES/ETC.460 DEPORTATION470 RACKETEER INFLUENCED AND CORRUPT

ORGANIZATIONS480 CONSUMER CREDIT490 CABLE/SATELLITE TV891 AGRICULTURAL ACTS893 ENVIRONMENTAL MATTERS895 FREEDOM OF INFORMATION ACT950 CONSTITUTIONALITY OF STATE STATUTES890 OTHER STATUTORY ACTIONS899 ADMINISTRATIVE PROCEDURES ACT /

REVIEW OR APPEAL OF AGENCY DECISION

OTHER STATUTES - "8" MONTHS DISCOVERYTRACK

410 ANTITRUST850 SECURITIES / COMMODITIES / EXCHANGE

OTHER STATUTES - “0" MONTHS DISCOVERYTRACK 896 ARBITRATION (Confirm / Vacate / Order / Modify)

* PLEASE NOTE DISCOVERY TRACK FOR EACH CASE TYPE. SEE LOCAL RULE 26.3

VII. REQUESTED IN COMPLAINT: CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $_____________________________ JURY DEMAND YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY JUDGE_______________________________ DOCKET NO._______________________

CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.

2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.

3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.

4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME

BANKRUPTCY JUDGE.5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.

6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. , WHICH WAS

DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.

SIGNATURE OF ATTORNEY OF RECORD DATE

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Honorable Judge Eleanor Ross 1:15-cv-02477-ELR

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ClassAction.orgThis complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Cheetah Adult Entertainment Club in Atlanta Sued Over Potential Labor Law Violations

https://www.classaction.org/news/cheetah-adult-entertainment-club-in-atlanta-sued-over-potential-labor-law-violations

united states district court crystal crittendon ......follies, inc. d/b/a cheetah and jack braglia...

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