Cloakroom (Hourly-Paid Employees)
Brown, LLC has an active lawsuit regarding alleged wage and hour violations committed by 476 K, LLC, doing business as “Cloakroom,” and its alleged owners Antonios Cavasilios, Carlos Horcasitas, and Maymay Horcasitas, the Defendants in the lawsuit. An active lawsuit does not mean the Defendants have done anything wrong or should be presumed to have done anything wrong.
The wage and hour lawyers at Brown, LLC are looking to speak with anyone who has information regarding the following allegations.
The lawsuit alleges that Defendants operate “Cloakroom,” a multi-level adult entertainment venue located in Washington, DC.
Position(s): hourly-paid employees, who held job positions including but not limited to VIP Host.
Time Period: February 26, 2015 – present
Location(s): Washington, DC.
The Claims in the Lawsuit
The Complaint alleges that Defendants violated the Fair Labor Standards Act (“FLSA”) and D.C. Minimum Wage Revision Act (“DCMWA”) by:
- Keeping hourly-paid employees’ tips, in violation of the FLSA; and
- Paying a “tipped minimum wage” pursuant to the DCMWA despite failing to comply with the prerequisites, i.e. providing adequate notice of the DCMWA’s requirements and allowing workers to keep their tips.
08/19/22: the case was filed in the District of Columbia Superior Court.
How to Participate
If you believe you are owed tips and/or wages from the claims in the lawsuit, you can join the case by signing a “Consent to Join” form, which you can obtain HERE.
Until the Consent to Join form is filed with the Court, the statute of limitations for FLSA claims ordinarily continues to run. The statute of limitation under the FLSA is 2 years, and 3 years for willful violations. Thus, if you claim wages under the FLSA from 2 or more years ago, they may become unrecoverable if you delay in signing your Consent to Join form. You can also take other routes to preserve your rights, which may include hiring your own counsel at your own expense.
If you choose to join this lawsuit, you will be bound by any judgment on any claim you may have under the FLSA, whether favorable or unfavorable. This means that if you win, you may be eligible to share in the monetary award (if any); if you lose, no money will be awarded and you will not be able to file another lawsuit regarding the matters raised in the lawsuit.
If you are interested in participating in this case or have further questions, please contact our office by emailing FLSAGroup@jtblawgroup.com or calling (877) 561-0000.
Frequently Asked Questions
Can Defendant Discipline or Fire Me If I Join the Case?
No! The Fair Labor Standards Act prohibits Defendants from taking any adverse action against you for participating in this lawsuit. There is no indication as of this writing that Defendants would take any retaliatory action against anyone for participation in this lawsuit. For further information, please consult the Department of Labor’s Fact Sheet.
Will I Have to Testify or Provide Documentary Proof?
Potentially, but not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
At this point, you are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, you may be required to participate in discovery. As such, it is important that you preserve any physical or electronic evidence relating to the case that you currently possess.
Will Brown, LLC be my Attorneys?
Employees who sign Retainer Agreements and/or Consent to Join forms will be represented by Brown, LLC with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiff’s lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiff prevails in the lawsuit, by either judgment or settlement, the Plaintiff’s attorneys will request that the Court order Defendant(s) to pay the Plaintiff’s lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How Long will the Case Take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.
Whether you’re eligible to participate in this matter or not, if you have questions regarding this page, or have information regarding these allegations please contact the wage and hour lawyers at Brown, LLC by calling (877) 561-0000. If you’re potentially seeking representation the call is confidential. The lawyers at Brown, LLC can arrange to speak with you when it’s most convenient for you – including after-hours or on the weekend.
The United States is founded on the principle of innocent until proven guilty. This is a civil matter stemming from a civil lawsuit, and unless and until there is a verdict against Defendants, then everything contained in the allegations should just be considered allegations.