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Date: 04-01-2023
Case Style:
Case Number: 1:21-cv-02421
Judge: Victoria M. Calvert
Court: United States District Court for the Northern District of Georgia (Fulton County)
Plaintiff's Attorney:
Defendant's Attorney: Andrea Lynn Pawlak and Ida Sassani
Description: Atlanta, Georgia bankruptcy lawyers represented Plaintiff who sued Defendant on a Fair Labor Standards Act failure to pay minimum wage or overtime compensation.
Tamara Ogier, as trustee for the bankruptcy estate of Brittany Dakota Bosley, Case No. 20-70664-SMS.
"International Follies, Inc. and the company’s part-owner are facing a lawsuit that takes issue with the parties’ employment practices. The defendants allegedly operate an adult entertainment club in Atlanta known as Cheetah that employs or employed the plaintiffs as entertainers.
Until April 9, 2016, the entertainers were supposedly misclassified as independent contractors and were paid only in tips received from customers. The suit claims they were required to adhere to strict rules and guidelines that reflected an employer-employee relationship. The defendants supposedly specified the entertainers’ attire, hours, pricing, and conduct while at the club and fined them between $25 and $50 if they were late for work. On top of that, the case claims the plaintiffs participated in a tip pool from which the “house mom,” floor manager, disc jockey, and other typically non-tipped employees were permitted to retain wages – a practice the case claims violates the Fair Labor Standards Act’s tip credit requirements. " ClassAction.org
"The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
The FLSA also requires employers to pay overtime pay to employees who work more than 40 hours in a workweek. Overtime pay is calculated at a rate of one and one-half times the regular rate of pay.
The FLSA has a number of exemptions that allow employers to pay less than the minimum wage or to not pay overtime pay. Some of the exemptions include:
Employees who are under the age of 20
Employees who are employed in certain agricultural occupations
Employees who are employed in certain retail or service establishments
Employees who are employed in certain family businesses
The FLSA is enforced by the Wage and Hour Division (WHD) of the U.S. Department of Labor. The WHD can investigate complaints of violations of the FLSA and can take enforcement actions, such as issuing fines or requiring employers to pay back wages to employees who have been underpaid.
If you believe that your employer is violating the FLSA, you can file a complaint with the WHD. You can file a complaint online at the WHD website or by calling the WHD toll-free number at 1-866-487-9243."
Google Bard
Outcome: 04/14/2023 57 MOTION for Extension of Time to File Response re: 55 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 by Brittany Dakota Bosley, Tamara Ogier. (Herrington, Matthew) (Entered: 04/14/2023)
04/14/2023 58 RESPONSE re 56 MOTION for Reconsideration re 53 Order on Motion for Summary Judgment filed by International Follies, Inc.. (Pawlak, Andrea) (Entered: 04/14/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: