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Swinging Richards

Henderson v. 1400 Northside Drive, Inc. d/b/a Swinging Richards

This case has been resolved. The first payment was sent in April 2017 and subsequent payments will be made in April 2018, April 2019, and April 2020. Clients should keep us apprised of address changes by completing the Update Contact Info form below.

Type of Case

Unpaid Minimum Wages

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Case Updates

  • April 3, 2019

    Swinging Richards Update

    We have been in touch with Swinging Richards regarding the April 2019 settlement payment.  It has informed us that it is finalizing the paperwork for a loan to make the payment.  Pursuant to our settlement agreement, we sent the company and its attorney a letter today starting a 45-day period running in the event we need to go to the court to enforce penalties for not making the payment within the default period.  While we expect that the company will make the April payment, we are prepared to go to court if we have to do so.  We are required to wait the 45-days before going back to court.  We will provide further updates as we have them.

  • April 3, 2018

    Swinging Richards – Misclassification / Unpaid Wage Lawsuit - Update April 3, 2018

    The April 2018 payments have been delayed slightly by Swinging Richards.  Clients should expect payments by the end of May or first week of June 2018.

  • January 28, 2016

    Swinging Richards Update

    On November 9, 2015 we filed a motion for summary judgment asking the court to rule as a matter of law that the corporate entity and corporate officer who operate Swinging Richards qualify as employers under the law.  We also asked the court to rule that Swinging Richards acted willfully and without good faith when it decided not to pay entertainers any wages.  Lastly, we asked the court to rule against Swinging Richards on its counterclaims.  After the court rules on these issues, we will prepare for trial.

  • June 23, 2015

    Court Rules Exotic Dancers at Swinging Richards are Entitled to an Hourly Minimum Wage and to Retain Tips Received from Customers

    On June 19, 2015, the United States District Court for the Northern District of Georgia ruled that exotic dancers at Swinging Richards in Atlanta, Georgia, are entitled to be paid the federal minimum wage and that the club could not offset its minimum wage obligation with tips paid by customers.  In granting the Plaintiffs’ motion for summary judgment on these issues, Judge Thomas W. Thrash held that “the Plaintiffs are correct when they state that creativity is not a requirement, and that the job may be performed by anybody with general ability and training” and the money “received by the dancers for entertainment provided on the main stage, the main floor, the VIP lounge, and the VIP rooms were obviously “tips,” and so they may not be used to offset the [club’s] minimum wage obligations under the FLSA.”

    “The Court’s Order confirmed that tipped workers are entitled to an hourly minimum wage in addition to their tips,” said Plaintiffs’ Counsel Tim C. Selander.  “The Court’s ruling is consistent with the Department of Labor regulations and decisions from other courts around the country.”

    Plaintiffs are represented by Paul J. Lukas, Tim C. Selander, and Anna P. Prakash from Nichols Kaster, PLLP, and John Mays and Meredith Carter of Mays & Kerr LLC.

Additional Information

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