Frequently Asked Questions

 

The following are “Frequently Asked Questions” about the settlement.

If you do not find an answer to your question here:

  • Documents such as the Complaint and Settlement Agreement can be found by clicking here
  • You can write the Settlement Administrator at the address listed here
What is this lawsuit about?

The lawsuit alleges that Deja Vu-Affiliated Nightclubs misclassified entertainers as non-employees and as a result of this misclassification, entertainers were not paid minimum wages and other compensation required under federal and/or various state wage and hour laws. In addition, the lawsuit alleges that Defendants unlawfully confiscated entertainer tips. The Defendants have denied these allegations and have threatened counterclaims to recover the value of mandatory dance fees retained by entertainers if the clubs are determined to owe minimum wages. Plaintiffs and Defendants have reached a settlement in this case. The Court has not ruled on the merits of Plaintiffs’ claims or on Deja Vu’s defenses or anticipated counter-claims. Rather, the Court has simply certified a settlement class and tentatively approved the proposed settlement.

How do I know if I am part of the Settlement?

Entertainers who performed at any Deja Vu-Affiliated Nightclubs at any time within the applicable statutory period. If you received the Notice, you have been determined to be an eligible Class Member. As such, you may qualify for either a “Cash Payment” or “Rent Credits”/“Dance Fee Payments” pursuant to the criteria set out in the settlement agreement. You may not receive both. To read the settlement agreement in its entirety, please click here.

How much money will I get?

The settlement agreement, if approved, provides both monetary and nonmonetary benefits to the Class. First, each Class Member will have the choice as between one of two monetary benefits. Second, all entertainers who continue to perform at one of the identified Deja Vu-Affiliated Nightclubs will benefit from certain injunctive relief as explained in the Notice.

The class members who choose a one-time cash payment will receive pro rata shares of the “Cash Pool” as described in the Notice. If you choose this option, it is currently unknown how much you will receive.

The class members who choose Rent Credits and Dance Fee Payments will receive $200, $1,000, or $2,000 depending on the number of months they performed at their Qualifying Club before the date of the Settlement becomes effective.

If you performed for less than 6 months, the amount of Rent Credits and Dance Fee Payments will be $200. If you performed between 6 and 18 months, the amount of Rent Credits and Dance Fee Payments will be $1,000. If you performed for more than 18 months, the Rent Credits and Dance Fee Payments will be $2,000.

Do I have a lawyer in this case?

Yes, class members are represented by the law offices of Sommers Schwartz, P.C. and Pitt McGehee Palmer & Rivers, P.C. Further details about their office and the lawyers representing the Class are included in the notice you received and are available here.

The lawyers will be paid from the settlement amount if approved, so you will not be charged personally for their work on the case and in negotiating this settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.

When will Courts decide if my payment is approved?

The Court held a Final Approval Hearing on June 6, 2017 and the settlement was approved; however, an appeal was filed. The appeals process could last in excess of over a year. Cash Election Payment and Rent Credits will be delayed until the appeals have been resolved. If you change addresses, please notify us immediately via email at claims@dejavunightsclubsettlement.com.

What if I have more questions?

You may call the Settlement Administrator toll-free at 844-322-8168, or email them at Claims@dejavunightclubsettlement.com and your inquiry will be responded to as quickly as possible.