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Star’s – Misclassification / Unpaid Wage Lawsuit

Kenny v. Star’s World Class Men’s Club, LLC., Case File No. 2015-CA-010413-O

Nichols Kaster, PLLP, represents entertainers in a putative class action against Star’s World Class Men’s Club, LLC, along with attorneys from the following firms: Burr & Smith, LLP, John B. Gallagher, PA, and Roetzel & Andress, LPA. Together, these firms also represent entertainers in another action against The Doll House. We are also investing claims against Cleo’s, Crystal Cabaret, and Diamond Club.

On November 10, 2015, Ms. Kenny, former entertainer at Star’s World Class Men’s Club, LLC, filed a complaint against the exotic dancing club for violations of the Minimum Wage Act of the Florida Constitution. She filed this lawsuit on behalf of herself and a potential class of entertainers. She alleges that the club intentionally misclassified entertainers as independent contractors, rather than employees, and it failed to pay entertainers any wages for their work. The club instead made entertainers pay to work, by unlawfully charging house fees, imposing fines to enforce internal club policies, and requiring entertainers to “tip out” (or pay) the club’s other employees at the end of each night. Ms. Kenny seeks to recover entertainers’ unpaid wages and to recoup all fines, fees, and tip-outs paid, as well as for other damages available under the law. A copy of Ms. Kenny’s complaint is located here.

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Additional Information

Who Is Included in This Case?

This case was brought as a potential class action. At the appropriate time, we will ask the Court to allow us to represent a class of all entertainers who worked at Star’s since November 2010. If the Court grants our request, all identified and eligible entertainers will receive notice of the lawsuit and will be automatically included in the case unless they decide to “opt out.” If you worked at the club, and you want ensure that you receive any class action notices that may be distributed in this case, please contact our case clerk, Stephen Nicksic, by email at snicksic@nka.com or call toll free at (877) 448-0492, ext. 241.

Is This Certified As a Class Action?

Not at this time. The Court has not yet decided whether to allow this lawsuit to proceed as a class action under Florida law. At an appropriate time, we intend to file a motion with the Court, asking it to certify the lawsuit as a class action.

What Time Frame Does This Case Cover?

There is a statute of limitations (time limit) for claims brought under the Florida Minimum Wage Act that allows employees to recover unpaid wages for work performed within the four years prior to the filing of the lawsuit. If we can prove, however, that the Star’s willfully violated the law (meaning on purpose or with reckless disregard), then the statute of limitations may be extended to five years.

Do I Have To Pay Anything?

No. You do not have to pay anything to participate in the lawsuit if it is certified as a class action and you choose to be included. The attorneys involved in this case are handling it on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment. Our payment will come solely out of the money we recover for entertainers, not out of their pocket. If for some reason we are not successful, participating entertainers pay nothing.

How Do I Prove the Hours I Worked?

If this case is certified as a class action, entertainers will not have to submit records to prove their work time or to prove the fees, fines, and tip-outs paid. We will attempt to obtain this information from the club.  If the club did not keep accurate time records or records of the money entertainers paid, we will make a “good faith estimate” of these amounts based on entertainers’ recollection.

What About Retaliation?

It is against the law for an employer to retaliate against an employee for participating in a lawsuit to reclaim unpaid wages.  If you suffer retaliation, and you believe it was associated with your participation in this case, you may be able to assert additional claims against the club.  If you currently work for the Star’s, and you feel you are a victim of retaliation, contact us immediately.

How Long Will This Case Take?

It is difficult to estimate. The length of this kind of lawsuit varies from case to case, but generally takes one to three years to complete. Some cases take longer.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available, the case has not yet been certified as a class action, and there is no guarantee that entertainers will receive any money.

How Can I Help?

If you have any information that may assist us with this case, please contact our clerk on the case, Edwin Torres at etorres@nka.com or call toll free at (877) 448-0492, ext. 242.

How Can I Learn More?

If you have any questions about the case, please contact our clerk on the case, Edwin Torres at etorres@nka.com or call toll free at (877) 448-0492, ext. 242.

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