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MIAMI – A former disc jockey for a popular South Florida gentlemen’s club filed a lawsuit in Florida federal court this month, alleging the club owes him thousands in compensation.
Cristian Diaz-Piedra filed the lawsuit May 14 in federal court. The named defendants include Faneuil Entertainment Inc., doing business as Cheetah III; The Set Enterprises Inc.; Jose R. Rodriguez; and Eric Langan.
Diaz-Piedra, who worked as a disc jockey for the defendants from about August 2019 through Nov. 13, 2024, contends they should have paid him the proper minimum wage.
“Defendants systematically and willfully did not pay plaintiff the minimum wage to which he was entitled to under Florida law because defendants failed to properly compensate plaintiff as an eligible employee and not an independent contractor, therefore failing to provide compensation that was equal to the applicable Florida minimum wage,” according to his 16-page lawsuit.
The disc jockey argues his job – entertaining guests at the popular Cheetah Gentlemen’s Club – was an “integral part” of the defendants’ business.
However, Diaz-Piedra contends in his lawsuit that the defendants “directly and indirectly controlled” his work schedule by requiring him to work a minimum number of shifts and hours per shift, or pay a monetary penalty for failure to do so.
On top of that, he alleges the defendants required him to utilize his tips to pay management.
“Specifically, plaintiff was required to give management $100 of his tips earned each shift,” the lawsuit states. “As such, plaintiff lost out on approximately $400.00 per week. …
“Defendants made the decision to classify plaintiff as an independent contractor rather than an employee”
Diaz-Piedra is suing for unpaid wages and other relief under the Fair Labor Standards Act, or FLSA, and the Florida Minimum Wage Act.
His lawsuit argues that under the FLSA, employers must comply with any state law that establishes a minimum wage higher than the minimum wage under the FLSA.
According to his filing, he estimates the amount of damages for minimum wage violations as such:
From May 2020 to December 2020, 924 hours x $8.56 for minimum wage damages = $7,909.44.
From January 2021 to September 2021, 1,092 hours x $8.65 for minimum wage damages = $9,445.80.
From October 2021 to September 2022, 1,456 hours x $10 for minimum wage damages = $14,560.
From October 2022 to September 2023, 1,456 hours x $11 from minimum wage damages = $16,016.
From October 2023 to September 2024, 1,456 hours x $12 for minimum wage damages = $17,472.
From October 2024 to November 13, 2024, 168 hours x $13 for minimum wage damages = $2,184.
In his filing, Diaz-Piedra, also says he lost out on $93,600 in misappropriated tips.
The disc jockey contends the defendants owe him $161,187.24 in wages and repayment of tips, plus $161,187.24 in liquidated damages, for a total of $322,374.48 in damages.
Diaz-Piedra noted he has not been provided with the “full pay and time records to better determine and calculate damages.” Once they are received, he said the damage calculations will be amended.
The Leach Firm PA, located in Winter Park, Fla., is representing Diaz-Piedra.
