Welcome to the Hernandez v 2523 E Anaheim Inc dba XS Afterhours Gentlemens Club Class Action Settlement Website
YOU MAY BE ENTITLED TO BENEFITS FROM THIS SETTLEMENT. PLEASE CONTINUE READING TO LEARN HOW THIS SETTLEMENT AFFECTS YOUR RIGHTS.
Notice is given that a proposed class action settlement (the “Class Settlement”) has been reached between plaintiff Adriana Hernandez (“Plaintiff”) and defendants 2523 E. Anaheim, Inc. d/b/a XS Afterhours Gentlemen’s Club and The Palms Gentlemen’s Club (“Defendants”). The lawsuit comprises two (2) class action lawsuits; one entitled Hernandez, et al. v. 2523 E. Anaheim, Inc. d/b/a XS Afterhours Gentlemen’s Club and Hernandez, et al. v. The Palms Gentlemen’s Club (the “Litigation” or “Actions”).
The Class Settlement will resolve all Settled Claims made against Defendants and other Released Parties, as that term is defined in the Settlement Agreement, on behalf of the Class, i.e., all individuals who: (a) worked as an independent contractor, lessee, employee or other outside entertainer providing bikini, semi-nude, and/or nude entertainment for 2523 E. Anaheim, Inc. d/b/a XS Afterhours Gentlemen’s Club or the Palms Gentlemen’s Club in the State of California during the period between May 2, 2015 and February 24, 2021 (the “Class Period”).
PURPOSE OF THE NOTICE
The Court has ordered that this Class Notice be sent to you because Defendants’ records reflect that you are a potential member of the Class. The purpose of this Notice is to: (a) provide a brief description of the Litigation; (b) inform you of the proposed Settlement; and (c) discuss your rights and options with respect to the Litigation and the Settlement.
DESCRIPTION OF THE LITIGATION
The Actions were filed by Plaintiffs on behalf of all individuals who provided bikini, semi-nude, and/or nude entertainment for Defendants 2523 E. Anaheim, Inc. d/b/a XS Afterhours Gentlemen’s Club and/or the Palms Gentlemen’s Club during the Class Period. As alleged in the Actions were Plaintiffs claim that Class Members were misclassified as independent contractors and wrongfully denied wages and overtime compensation, meal and rest breaks, accurate wage statements, reimbursement of business expenses, and other rights guaranteed under the California Labor Code.
The Actions allege claims against Defendants for: (1) Failure to Provide Meal Breaks in Violation of Labor Code § 226.7; (2) Failure to Provide Rest Breaks in Violation of Labor Code § 512; (3) Failure to Pay Wages in Violation of Labor Code §§ 510 and 1194; (4) Failure to Pay All Wages Upon Separation of Employment in Violation of Labor Code § 203; (5) Failure to Provide Complete and Accurate Wage Statements in Violation of Labor Code § 226; (6) Failure to Provide Reimbursement of Expenses in Violation of Labor Code § 2802; (7) Failure to Keep Accurate Payroll Records in Violation of Labor Code § 1198.5 et seq.; (8) Violation of Business and Professions Code § 17200, et seq.; (9) Failure to Maintain Workers Compensation Insurance Coverage in Violation of Labor Code § 3700 et seq.; and (10) Violation of Labor Code § 2698, et seq. Defendants deny each and all of the claims and contentions alleged by the Plaintiffs.
The Court has made no ruling on the merits of Plaintiffs’ class claims or Defendants’ defenses. The Court will decide whether to give final approval to the Class Settlement at a hearing scheduled for September 7, 2021 at 11:00 a.m., in Department 11 of the Los Angeles Superior Court, located at 312 N. Spring Street, Los Angeles, CA 90012.