Varona v. New Age Lounge, Inc., and Headquarters New York, LLC, and Silk Corp. d/b/a Headquarters, and Jimmy Kim, individually, and Roger Marolda, individually, and Nerim Gjonbalaj,, individually; Index No.:24-cv-4020

New Action filed in the United States District Court Southern District of New York

On May 24, 2024, Plaintiff Varona, on behalf of herself, individually, and on behalf of all others similarly-situated, (collectively as “FLSA Plaintiffs” and/or “Rule 23 Plaintiffs”), by and through her attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for her Complaint against NEW AGE LOUNGE., and HEADQUARTERS NEW YORK, LLC, and SILK CORP. d/b/a HEADQUARTERS (all three, together, as “HQ”), and JIMMY KIM, individually, and ROGER MAROLDA, individually, and NERIM GJONBALAJ, individually, (collectively, with HQ, as “Defendants”),  alleges upon knowledge as to herself and her own actions, and upon information and belief as to all other matter, as follows :

Plaintiff worked for Defendants – – three legally distinct that together operate as a single enterprise to run an adult entertainment lounge located at 550-552 West 38^th Street in Manhattan (“the Lounge”), as well as three of the enterprise’s owners and day-to-day overseer – – as a dancer from early-December 2021 to September 2023. As described below, throughout Plaintiff’s employment, Defendants willfully failed to pay Plaintiff the full amount of tips owed to her, and instead retained, and/or distributed to Defendants’ managerial employees who were otherwise ineligible to receive tips, up to fifty percent of Plaintiff’s tips, in addition to the ten percent of Plaintiff’s tips that Defendants always retained for themselves for alleged “operating costs” , all in violation of the  Fair Standards Labor Act (“FLSA”) and the New York Labor Law (“NYLL”), which further constitutes conversion under New York common law.  Moreover, in further violation of the NYLL, Defendants unlawfully deducted money from Plaintiff’s wages under the guise of various “expenses,” required that Plaintiff pay Defendants to work at their establishment, a kick-back scheme that constitutes an unlawful deduction by way of separate transaction, and further failed to pay Plaintiff, who was a manual worker, all of her earned wages on at least as frequently as a weekly basis, generally paying her bi-weekly instead.  Defendants additionally violated the NYLL by failing to furnish Plaintiff with any wage notice at her time or with any statement on each payday, let alone an accurate notice or statements.  Defendants have paid and treated all of their employees who work as dancers in this same manner.

If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.