This case was last updated from U.S. District Courts on 07/27/2022 at 12:33:04 (UTC).

Armstrong v. FACE Amusement Group, Inc.

Case Summary

On July 15, 2022, Kevin Armstrong (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Joe P. Leniski, Jr. of Branstetter, Stranch & Jennings, PLLC, filed a class action labor lawsuit against FACE Amusement Group, Inc., (“Defendant”), seeking damages for alleged failure to pay plaintiff and the putative collective action members the minimum wages to which they are/were entitled under the FLSA. This case was filed in the U.S. District Court for the Eastern District of Tennessee, with Judges Katherine A. Crytzer and Jill E. McCook presiding. 

The plaintiff filed this action under the Fair Labor Standards Act, (the “FLSA”), seeking damages for defendant’s failure to pay plaintiff all minimum wages owed while working for defendant paid on a hybrid sub-minimum wage and tips basis.

In the complaint, the plaintiff alleged, “Defendant violated the FLSA by: (a) Failing to provide adequate notice of their payment of sub-minimum wages to servers, bartenders, and other properly tipped employees (collectively, ‘tipped employees’); (b) Requiring tipped employees to spend more than 20% of their time and continuous periods of time exceeding 30 minutes at work engaged in non-tipped side work related to the tipped profession; and (c) Requiring tipped employees to perform non-tipped side work unrelated to the tipped profession.”

The plaintiff further alleged, “Defendant were not eligible to avail itself of the federal tipped minimum wage rate under the FLSA, 29 U.S.C. §§ 201-219, because Defendant failed to inform Plaintiff and the putative Collective Action Members of the provisions of § 203(m) of the FLSA.”

Plaintiff also alleged, “Defendant also required Plaintiff and the putative Collective Action Members to perform a substantial amount of dual job duties and side work in excess of twenty percent of their work time for a continuous period of time exceeding thirty minutes. During these periods, Defendant compensated Plaintiff and the putative Collective Action Members at sub-minimum wage rates rather than at the full hourly minimum wage rate as required by 29 U.S.C. §§ 201-219.”

The plaintiff then alleged, “Defendant also regularly required Plaintiff and the putative Collective Action Members to perform non-tipped side work unrelated to their tipped occupation such as cleaning restrooms, cleaning kitchen, and/or preparing salads. During these periods, Defendant compensated Plaintiff and the putative Collective Action Members at sub-minimum wage rates rather than at the full hourly minimum wage rate as required by 29 U.S.C. §§ 201-219.”

Plaintiff additionally alleged, “Defendant’s unlawful conduct, as described in this Complaint, was willful and intentional. Defendant is/was aware or should have been aware that the practices described in this Complaint were unlawful. Defendant has not made a good faith effort to comply with the FLSA with respect to the compensation of Plaintiff and the putative Collective Action Members.”

Plaintiff listed one claim for relief, including the alleged willful violation of the FLSA, by denying minimum wages in accordance with the FLSA to the plaintiff and the putative collective action members.

In the prayer for relief, the plaintiff requested a judgment seeking to certify this case as an FLSA collective action and an award of  damages, including back wages, liquidated damages, legal fees, costs, and post-judgment interest.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-00245

  • Filing Date:

    07/15/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Labor Standard

Judge Details

Presiding Judge

Katherine A Crytzer

Referral Judge

Jill E McCook

 

Party Details

Plaintiff

Kevin Armstrong

Defendant

FACE Amusement Group, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Joe P Leniski, Jr.

Attorney at Branstetter, Stranch & Jennings, PLLC

223 Rosa L. Parks Avenue, Suite 200

Nashville, TN 37203

 

Court Documents

1 #1

Main Document

1 #1

Exhibit 1 - Consent

1 #2

Civil Cover Sheet

1 #3

Summons

#2

(#2) NOTICE of Deficiency, re: Summons and Attorney Hull to register for ECF. (SAC)Noticed served by mail to Attorney Hull. (Entered: 07/18/2022)

#3

(#3) Order Governing Depositions.Signed by District Judge Katherine A Crytzer on July 18, 2022. (SAC)Order served by mail this day to Attorney Daniel Patrick HullMcLemore Law, PLLC109 International DriveSte 240Franklin, TN 37067 (Entered: 07/18/2022)

#4

(#4) Order Governing Motions To Dismiss.Signed by District Judge Katherine A Crytzer on July 18, 2022. (SAC) (Entered: 07/18/2022)

#5

(#5) Order Governing Sealing Confidential Information.Signed by District Judge Katherine A Crytzer on July 18, 2022. (SAC)Order served by mail this day to Daniel Patrick HullMcLemore Law, PLLC109 International DriveSte 240Franklin, TN 37067 (Entered: 07/18/2022)

#6

(#6) SUPPLEMENT to #1 Complaint SUMMONS to BE ISSUED by Kevin Armstrong. (Leniski, Joe) (Entered: 07/18/2022)

#7

(#7) Summons Issued as to FACE Amusement Group, Inc. (JBR) (Entered: 07/19/2022)

8 #8

Main Document

8 #1

Certificate of Good Standing

 

Docket Entries

  • 07/20/2022
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  • Docket(#9) ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Jill E. McCook on 7/20/2022. (This entry constitutes the complete Order of the Court.) (AGA) Modified on 7/21/2022 to indicate c/m to Ricardo J Prieto, Shellist Lazarz Slobin, LLP, 11 Greenway Plaze #1515, Houston, TX 77046 (ABF). (Entered: 07/20/2022)

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  • 07/20/2022
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  • DocketClerk's Verification of PHV Requirements is complete regarding document: #8 MOTION for Leave to Appear Pro Hac Vice for Ricardo J. Prieto ( Filing fee $ 90 receipt number ATNEDC-5118894.) filed by Kevin Armstrong (ABF) (Entered: 07/20/2022)

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  • 07/19/2022
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  • Docket(#8) MOTION for Leave to Appear Pro Hac Vice for Ricardo J. Prieto ( Filing fee $ 90 receipt number ATNEDC-5118894.) by Kevin Armstrong. (Attachments: #1 Certificate of Good Standing)(Leniski, Joe) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#7) Summons Issued as to FACE Amusement Group, Inc. (JBR) (Entered: 07/19/2022)

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  • 07/18/2022
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  • Docket(#6) SUPPLEMENT to #1 Complaint SUMMONS to BE ISSUED by Kevin Armstrong. (Leniski, Joe) (Entered: 07/18/2022)

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  • 07/18/2022
  • View Court Documents
  • Docket(#5) Order Governing Sealing Confidential Information.Signed by District Judge Katherine A Crytzer on July 18, 2022. (SAC)Order served by mail this day to Daniel Patrick HullMcLemore Law, PLLC109 International DriveSte 240Franklin, TN 37067 (Entered: 07/18/2022)

    Read MoreRead Less
  • 07/18/2022
  • View Court Documents
  • Docket(#4) Order Governing Motions To Dismiss.Signed by District Judge Katherine A Crytzer on July 18, 2022. (SAC) (Entered: 07/18/2022)

    Read MoreRead Less
  • 07/18/2022
  • View Court Documents
  • Docket(#3) Order Governing Depositions.Signed by District Judge Katherine A Crytzer on July 18, 2022. (SAC)Order served by mail this day to Attorney Daniel Patrick HullMcLemore Law, PLLC109 International DriveSte 240Franklin, TN 37067 (Entered: 07/18/2022)

    Read MoreRead Less
  • 07/18/2022
  • View Court Documents
  • Docket(#2) NOTICE of Deficiency, re: Summons and Attorney Hull to register for ECF. (SAC)Noticed served by mail to Attorney Hull. (Entered: 07/18/2022)

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  • 07/18/2022
  • DocketDistrict Judge Katherine A Crytzer and Magistrate Judge Jill E McCook added. (SAC) (Entered: 07/18/2022)

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  • 07/15/2022
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  • Docket(#1) COMPLAINT Collective Action against FACE Amusement Group, Inc. ( Filing fee $ 402 receipt number ATNEDC-5115858.), filed by Kevin Armstrong. (Attachments: #1 Exhibit 1 - Consent, #2 Civil Cover Sheet, #3 Summons)(Leniski, Joe) (Entered: 07/15/2022)

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