Lake James H. Perriguey, OSB No.

983213
lake@law-works.com
LAW WORKS LLC
1906 SW Madison Street
Portland, OR 97205-1718
Telephone: (503) 227-1928
Facsimile: (503) 334-2340
Sonia A. Montalbano OSB No. 970821
sonia@eoplaw.com
ELLIOT OSTRANDER AND PRESTON PC
707 SW Washington Street, Ste 1500
Portland, OR 97205-1718
Telephone: (503) 224-7112
Facsimile: (503) 224-7819
Plaintiffs attorneys
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
MATILDA BICKERS and AMY PITTS,
Case No.: _____________________
3:15-cv-00054
Plaintiffs,

COMPLAINT

v.
CASA DIABLO, LLC, an Oregon Limited
Liability Company, DEVIL DANCER,
LLC, a dissolved Oregon Limited Liability
Company, JOHN ZUKLE, an Individual,
CAROL LEE, an Individual, and, John and
Jane Does 1 5.

Jury Trial Demanded

Defendants
1.

This is an action under state and federal wage and hour laws for two former

employees of the Defendants to recover unpaid wages and civil penalties (and pre- and postjudgment interest thereon), liquidated damages,injunctive relief, and attorney fees. Plaintiffs
allege as follows, while reserving the right to amend their Complaint upon the discovery of
additional facts.
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- COMPLAINT

INTRODUCTION
2.

Defendant Casa Diablo, LLC, owned by Defendant Carol Lee, runs a Portland

club (Casa Diablo) featuring performances by female strippers. Devil Dancer, LLC, owned
and operated by Defendant Johnny Zukle, hires and fires dancers who perform at Casa Diablo.
Johnny Zukle and Carol Lee are the individuals who control these companies and the dancers
that make the companies profitable. The Plaintiffs performed at Casa Diablo. At all relevant
times the Defendants encouraged and permitted the Plaintiffs to work on the Defendants behalf.
Defendants willfully refused to pay the Plaintiffs, and all other women who worked in similar
positions, a minimum wage; unlawfully requested, demanded, and received gratuities received
by the Plaintiffs from customers through unlawful charges, fines and penalties.
JURISDICTION AND VENUE
3.

This Court has subject matter jurisdiction over Plaintiffs federal law claims

pursuant to 29 U.S.C. 216(b) (Fair Labor Standard Acts (FLSA or the Act)), 28 U.S.C.
1331 (Federal Question) and 1337 (Actions arising under acts of Congress relating to
commerce).
4.

This Court has supplemental jurisdiction over Plaintiffs state law claims pursuant

to 28 U.S.C. 1367(a), because these claims are so closely related to Plaintiffs federal law wage
and hour, discrimination and retaliation claims that they form parts of the same case or
controversy and the actions would ordinarily be expected to be tried in one judicial proceeding.
5.

Venue is proper in this Court pursuant to 28 U.S.C. 1391(b)(i)(2) because the

Defendants conducted and continue to conduct business in the District of Oregon, Plaintiffs were
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employed by the Defendants in this District, and acts and omissions that are the subject of this
suit transpired in this District.
THE PARTIES
6.

Plaintiffs Matilda Bickers and Amy Pitts are residents and citizens of the state of

Oregon.
7.

Defendant Casa Diablo, LLC, (Casa Diablo) is an Oregon limited liability

company with a primary place of business located in Multnomah County, Oregon. Defendant
Devil Dancer, LLC (Devil Dancer) is an Oregon limited liability company with a primary
place of business located in Multnomah County, Oregon. Devil Dancer purportedly acts as an
agent that hires women to perform in strip clubs, including Casa Diablo.
8.

Defendant Carol Lee (Lee), an individual, is listed with the Oregon Secretary of

States website as the sole member of Casa Diablo. Lee is an employer within the meaning of
the Act as she acted directly or indirectly in the interest of Casa Diablo in relation to the
Plaintiffs, and had economic and operational control over Casa Diablo and its business in the
State of Oregon.
9.

Defendant John Zukle (Zukle), an individual, is listed with the Oregon

Secretary of States website as the sole member of Devil Dancer. Zukle is an employer within
the meaning of the Act as he acts directly or indirectly in the interest of Devil Dancer in relation
to the Plaintiffs, and had economic and operational control over Devil Dancer, and its business in
the State of Oregon.

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10.

Defendants John and Jane Doe are additional parties whose names and

involvement will be subject to discovery.

11.

Upon information and belief, Defendant Zukle is, or was until relatively recently,

also a manager of Casa Diablo.

12,

Although Defendants provide food and beverages at Casa Diablo, the primary

business is to provide a place where patrons can observe women dancing in the nude or in
various states of undress.
13.

The work performed by the Plaintiffs was integral to the business of Casa Diablo.

14.

The work performed by the Plaintiffs was integral to the business of Devil

Dancer.
15.

The Defendants collectively exercised control over the Plaintiffs and the services

they performed. The Defendants in this action are joint employers, and each Defendant in this
action suffered and permitted the Plaintiffs to work on the Defendants behalf and for the
Defendants benefit.
16.

Upon information and belief, Defendants individual or collective annual gross

volume of business at all relevant times was not less than $500,000.
17.

At all material times, Plaintiffs were employees of Casa Diablo, LLC and/or Devil

Dancer, LLC.
18.

Plaintiffs made written demand for payment of their owed wages as alleged herein

not less than 30 days prior to the filing of this lawsuit.

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FACTUAL BACKGROUND
19.

Plaintiff Amy Pitts is an Oregon citizen, who resides in Multnomah County,

Oregon. She worked at Casa Diablo for the Defendants as a dancer from April 2012 to July
2014.
20.

Plaintiff Matilda Bickers is an Oregon citizen, who resides in Multnomah County,

Oregon. She worked at Casa Diablo for the Defendants as a dancer from November 2011 to July
2014.
21.

Casa Diablo advertises itself as the Worlds First Vegan Strip Club.

22.

Devil Dancer advertises itself as a company that holds auditions for the Best

Clubs in Portland. None of the clubs for which Devil Dancers places dancers is owned by
anyone other than Johnny Zukle (individually, or jointly with Dawn Zukle, believed to be his
spouse), or by Carol Lee.
23.

Plaintiffs auditioned to be hired at Casa Diablo. Plaintiffs auditioned on the

premises of Casa Diablo. Plaintiffs auditioned for Defendant Zukle.

24.

There was no written agreement between the Plaintiffs and any of the Defendants

regarding the terms of Plaintiffs work at Casa Diablo.

25.

Plaintiffs did not contribute money towards maintaining the Defendants premises

or equipment.
26.

Plaintiffs were required to schedule their shifts in advance. Although Plaintiffs

could express a preference for which shifts they wanted to work, Defendants set the length of
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Plaintiffs shifts, as well as made the final decision as to which shifts the Plaintiffs could work
out of those Plaintiffs preferred.
27.

Defendants advertised the Plaintiffs performances on their websites and in print

28.

Defendants set and enforced the policies with which Plaintiffs and other similarly

media.

situated dancers were required to comply.

29.

As a condition of employment, Plaintiffs were required to pay a variety of

kickbacks to one or more of the Defendants. These kickbacks were denominated as fees or
fines, and included: stage rental fees, late arrival fines; shift cancellation fines (due to illness or
otherwise); early departure fees; fines if a dancer touched a bouncer in a way that management,
in its exclusive and subjective opinion, deemed inappropriate; disc jockey fees and bouncer
fees, regardless of whether the dancers worked a scheduled shift.
30.

As punishment for failure to pay the fees or fines within 24 hours, Defendants

would increase the fees, or, the Defendants would not schedule the Plaintiffs for requested shifts,
or Defendants would schedule Plaintiffs for less profitable shifts.
31.

Defendants exercised control over the Plaintiffs performances, including, but not

limited to, the location on the stage that that the Plaintiffs could utilize during some dances; how
much clothing was to be removed and at what times; how quickly the Plantiffs must become
fully nude; how the Plaintiffs were to perform if there were females in the audience, including
bringing the female patron onstage and attempting to get the patron to remove as much of her
clothing as possible; the number of songs that a dancer could dance to per performance;
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- COMPLAINT

prohibiting the dancers from choosing the songs they wanted to dance to; and, what the Plaintiffs
could wear.
32.

Defendants posted a list of rules on the premises of Casa Diablo with which the

Plaintiffs and other dancers were required to comply. The list stated that failure to comply with
these rules could result in suspension or termination. In addition, failure to comply with the rules
could result in the dancer being scheduled for less profitable shifts, as punishment.
33.

At no time did any of the Defendants pay any wages to the Plaintiffs for their

work. Instead, Plaintiffs only sources of income when performing at Casa Diablo was in the
form of tips from the clubs customers for dances performed on stage, or, a percentage of a fee
set by Casa Diablo for private dances in secluded rooms within the club, along with any
additional gratuity. Defendants limited the method and amount that customers could tip the
Plaintiffs.
34.

Defendants then required that Plaintiffs pay over 30% of the tips they received

from customers to Defendants.

35.

Upon information and belief, Defendants do not keep records of the tips received

by Plaintiffs from customers.

36.

Defendants committed the acts alleged herein knowingly, intentionally and

willfully.
37.

At all times during the term of Plaintiffs respective employment at Casa Diablo,

Plaintiffs were Defendants employees within the meaning of the FLSA and applicable Oregon
Revised Statutes. 29 U.S.C. 203(e); O.R.S. 652 et seq.

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FIRST CLAIM FOR RELIEF - FEDERAL MINIMUM WAGE VIOLATION

38.

Plaintiffs re-allege incorporate herein the allegations set forth in the previous

paragraphs 1 through 37.

39.

Pursuant to 29 U.S.C. 206(a), Defendants were required to pay their employees,

including the Plaintiffs, at least the amount of the federal minimum wage, when those wages
were due, but willfully failed to do so.
40.

Because of Defendants willful violation of FLSA, Plaintiffs are entitled to

recover from Defendants, jointly and severally, their unpaid minimum wages, and an amount in
the form of liquidated damages, as well as their reasonable attorneys fees and costs of the
action, including pre-judgment interest, pursuant to FLSA, all in an amount to be determined at
trial. 29 U.S.C. 216(b).
41.

Defendants are liable to Plaintiff Bickers in the amount of:

Unpaid Minimum Wage

2012- $8.80 x 5 x 150 days = $6,600.00
2013 - $8.95 x 5 x 133 days= $5,951.75
2014- $9.10 x 5 x 104 days = $4,732.00

Total: $17,283.75
42.

2012 - $7.25 x 5 x 150 days = $5,437.50

2013 - $7.25 x 5 x133 days = $4,821.25
2014 - $7.25 x 5 x 104 days = $3,770.00

Total: $14,028.75

Defendants are liable to Plaintiff Pitts in the amount of:

Unpaid Minimum Wage

2012 - $8.80 x 5 x 135 days = $5,940.00
2013 - $8.95 x 5 x 143 days = $6,352.50
2014 - $9.10 x 5 x 46 days = $2,184.00

Total: $14,476.50

Page 8

Liquidated Damages

- COMPLAINT

Liquidated Damages
2012 - $7.25 x 5 x 135 days = $4,893.75
2013 - $7.25 x 5 x 143 days = $5,183.75
2014 - $7.25 x 5 x 46 days = $1,667.50

Total: $ 11,745.00

SECOND CLAIM FOR RELIEF OREGON MINIMUM WAGE VIOLATION

43.

Plaintiffs re-allege and incorporate herein paragraphs 1 through 37.

44.

Defendants knowingly, willfully, and intentionally failed to compensate Plaintiffs

the applicable minimum hourly wage in violation of O.R.S. 653.025.

45.

Pursuant to O.R.S. 653.055 an employer, or co-employer, who willfully fails to

pay wages required by the Oregon law shall be liable, in addition to the amount of any underpayments, for penalty wages.
46.

Because of Defendants willful violations, Plaintiffs are entitled to recover from

Defendants, jointly and severally, their unpaid minimum wages and 30 days of statutory penalty
wages, as well as reasonable attorneys fees and costs of the action, including pre-judgment
interest, as provided by O.R.S. 653.055 and 652.150.
47.

Plaintiffs are each entiled to recover penalty wages in the amount of $2,184.00.
THIRD CLAIM FOR RELIEF UNLAWFUL DEDUCTIONS

48.

Plaintiffs reallege and incorporate herein paragraphs 1 through 37.

49.

Defendants deductions from Plaintiffs wages in the form of fines or fees were

unauthorized deductions from the money that Plaintiffs earned while working for Defendants.

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- COMPLAINT

50.

Plaintiffs are entitled to reimbursement of the unauthorized deductions by the

Defendants in the following amounts:

Matilda Bickers:

$64,094.00

Amy Pitts:

$ 53,545.00

51.

In addition, pursuant to O.R.S. 653.055, Plaintiffs are entitled to a penalty for the

Defendants unauthorized deductions in the amount of $2,184 each, as well as their reasonable
attorney fees and costs, as well as pre and post-judgment interest.
FOURTH CLAIM FOR RELIEF UNPAID WAGES DUE AT TERMINATION
52.

Plaintiffs reallege and incorporate herein paragraphs 1 through 37 and 48-51.

53.

Pursuant to O.R.S. 652.140, Defendants were required to pay the Plaintiffs all

wages due by the statutory deadline upon termination of their employment, but willfully failed to
do so.
54.

In adddition to recovery of the wages that should have been paid at temination,

Plaintiffs are each entitled to collect a penalty in the amount of $2,184.00 for Defendants failure
to pay all wages due upon termination. In addition, Plaintiffs are enetiled to their reasonable
attorney fees and costs, as well as pre- andpost-judgment interest pursuant to O.R.S. 652.150.
FIFTH CLAIM FOR RELIEF BATTERY
55.

Plaintiffs reallege and incorporate herein paragraphs 1 through 37.

Page 10 - COMPLAINT

56.

Defendants employees and patrons intentionally touched Plaintiffs on multiple

occasions. Plaintiffs did not consent to Defendants employees or patrons touching them. Such
conduct constituted a battery of Plaintiffs.
57.

Plaintiffs were offended by the conduct of Defendants employees and patrons.

58.

On multiple occasions the Plaintiffs complained to the Defendants about

inappropriate touching by both bouncers and patrons. Despite repeated complaints, Defendants
took no action to prevent the continued unwanted touching by its employees or patrons.
59.

Defendants employees were acting in the scope of their employment by

performing their ordinary work at the time they engaged in the foregoing acts. As a result,
Defendants are liable to Plaintiffs for the damages they have sustained as the result of the
batteries committed by Defendants employees.
60.

As a result of the repeated instances of battery, Plaintiffs suffered and continue to

suffer
humiliation, anxiety, distress, and impairment of Plaintiffs personal dignity and right to be free
from unwanted touching.
61.

Plaintiffs made written demand upon Defendants for payment of their damages

related to battery not less than 30 days prior to filing this Complaint.
62.

Plaintiffs are entitled to an award for emotional pain, suffering, inconvenience,

mental anguish, loss of enjoyment of life, and other nonpecuniary losses in an amount to be
proven at trial but not more than $10,000 each. In addition, Plaintiffs are entitled to recovery of
their attorney fees pursuant to O.R.S. 20.080.

Page 11 - COMPLAINT

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully requests that judgment be entered in their favor
against Defendants:
a. Declaring, pursuant to 29 U.S.C. 2201 and 2202, that the acts and practices
complained of herein are in violation of the minimum wage provisions of the FLSA;
b. Awarding Plaintiffs unpaid compensation in the amount due to them for Plaintiffs time
worked at minimum wage under the FLSA and O.R.S. 653.025 et seq.;
c. Awarding Plaintiffs liquidated damages in an amount equal to the uncompensated
minimum wage award under the FLSA;
d. Awarding Plaintiffs penalty wages pursuant to O.R.S. 653.055.
e. Awarding Plaintiffs penalty wages pursuant to O.R.S. 652.150.
f. Awarding Plaintiffs reasonable attorneys fees and costs and expenses of
the litigation pursuant to 29 U.S.C. 216(b); ORS 652.150; and O.R.S. 20.080;
g. Awarding Plaintiffs money damages in connection with their battery claims of not
more than $10,000 each;
//
//
//
Page 12 - COMPLAINT

h. Awarding Plaintiffs pre and post-judgment interest; and,

i. Ordering any other further relief the Court deems just and proper.
DATED: Jnauary 2, 2015.
LAW WORKS LLC

s/ Lake James H. Perriguey

Lake James H. Perriguey
OSB No. 983213
ELLIOT OSTRANDER AND PRESTON PC

s/ Sonia A. Montalbano
Sonia A. Montalbano
OSB No. 970821
Plaintiffs Attorneys

Page 13 - COMPLAINT