COMMONWEALTH OF MASSACHUSETTS

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Leo Bradley
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1 COMMONWEALTH OF MASSACHUSETTS BRISTOL, ss. ) REGINALD MENDES, ) Plaintiff, ) ) v. ) ) DARTMOUTH CLUBS, INC and ) HENRY LAUZON ) Defendant. ) ) SUPERIOR COURT CIVIL ACTION NUMBER: COMPLAINT AND JURY DEMAND Parties 1. The Plaintiff, Reginald Mendes ( Mendes ), is an individual who maintains his residence at 2. The Defendant, Dartmouth Clubs, Inc. d/b/a the King s Inn (the Club ), is a Massachusetts corporation that has its principal place of business at 635 State Road, North Dartmouth, Bristol County, Massachusetts. 3. The Defendant, Henry Lauzon ( Lauzon ), is the owner and operator of the Company and maintains a business address at 635 State Road, North Dartmouth, Bristol County, Massachusetts. Facts 1 4. The Company touts itself as an adults-only Gentleman s Club (hereinafter, the Club ). 5. Mendes is a black male. 6. Mendes worked as a bouncer for the Club since 2002 until he was fired on or about July 21, Mendes will be amending his Complaint and Jury Demand to add additional claims pursuant to MGL c. 151B, but he is waiting for the state agency (MCAD) to grant his private right of action request.

2 7. As a bouncer, Mendes was responsible for creating a safe environment for the female dancers, cleaning the Club after it closed, working as a bar back by getting kegs or cases of beer out of the walk-in refrigerator, and responding to other requests from the bartenders. 8. Mendes earned $15.00 per hour during his last 3 years of employment. 9. On occasion during the past three years, Mendes worked more than 40 hours per week 10. The Club failed to pay Mendes overtime pay, which would have been $22.50 per hour after 40 hours. 11. The Club used an electronic time recording system to track Mendes hours. His employee number was Every week, Mendes received a printout displaying his total hours for the week. 13. The Club deducted at least an hour per shift from Mendes shift for a meal break. 14. Mendes never took a meal break. Mendes was constantly patrolling the Club during his shift, responding to customers, dancers, bartenders, and other co-workers. 15. Accordingly, the Club wrongfully deducted at least 5 hours per week from Mendes paycheck for each of the past 3 years. 16. On some occasions, the Club deducted more than an hour from a single shift. The Club never explained the basis for these deductions. 17. On information and belief, the Club owes Mendes approximately $12, in unpaid wages and/or overtime wages. 18. On rare occasions over the past 11 years, the Club would pay Mendes the overtime rate (1.5 times his hourly rate). 19. As a result of occasionally paying the overtime rate, the Club knew it had an obligation to pay hourly employees overtime wages for working over 40 hours per week. Accordingly, the Club willfully violated the Fair Labor Standards Act by failing to pay Mendes overtime wages. 20. Mendes earned one week of paid vacation per year. 21. Mendes was paid for one week in 2011 that he took for vacation.

3 22. Mendes did not take any vacation time in Accordingly, as of his termination date, he accrued 2.5 paid vacation days. 23. The Club failed to pay Mendes his 2.5 vacation days upon firing him. 24. The King s Inn is owned and operated by Henry (Hank) Lauzon ( Mr. Lauzon). Mr. Lauzon is Caucasian. 25. On many occasions, Mr. Lauzon has used the term nigger. 26. Mr. Lauzon has an office at the Club. In his office, he displays a caricature of President Obama eating fried chicken and watermelon. 27. Also in Mr. Lauzon s office is a picture of a black Jesus and the caption nigger please. 28. One day at the Club, Mr. Lauzon painted a Hitler-style mustache under his nose. His friend next to him had a swastika on his head. He told Mendes that he had to salute him the same way that German soldiers saluted Hitler. 29. Mr. Lauzon complained when black men patronized the Club, and he also complained about the lost revenue when black men did not come to the Club. 30. Mr. Lauzon complained that the brothers dressed inappropriately, so he created a dress code specifically for black people. Mr. Lauzon refused admittance to individuals that wore a do rag, which is a tight fitting cap worn predominantly by black males. 31. Mr. Lauzon also prohibited customers from wearing professional sports jerseys of athletes because he noted a trend in which the black clientele wore these types of jerseys. 32. Eventually the black clientele stopped coming to the Club. Mr. Lauzon, critized Mendes that he was not doing enough to solicit his homies and his brothers. 33. In July 2012, Mr. Lauzon stated that because the Club was only attracting Caucasian customers, he was concerned that Mendes would intimidate his white clientele. 34. Mr. Lauzon fired Mendes on July 21, 2012 after 11 years of loyal service. 35. On information and belief, none of the Caucasian bouncers were required to solicit or promote the Club to Caucasian men.

4 36. On information and belief, Mr. Lauzon expected Mendes to be able to solicit black clients to his Club simply because Mendes is black. 37. Mr. Lauzon also refused to promote Mendes to a manager position even though he was more than qualified. Instead, Mr. Lauzon hired an inexperienced Caucasian male from outside the Club for the position. 38. Mr. Lauzon s decision to fire Mendes was based upon Mendes race. 39. As a result, Mendes has suffered financial and emotional harm. 40. Mendes has exhausted his administrative remedies with the Attorney General s Office. 41. Mendes has exhausted his administrative remedies with the Massachusetts Commission Against Discrimination. Causes of Action COUNT I VIOLATION OF M.G.L. C. 149, 148 and The Plaintiff hereby incorporates all allegations in this document with the same force and effect as if set forth herein. 43. This is a cause of action by the Plaintiff against both Defendants for failure to pay earned wages and unused, accrued vacation time. 44. The Club wrongfully deducted hours from the Plaintiff. 45. As a result, the Plaintiffs have suffered financial damages. COUNT II VIOLATION OF M.G.L. c. 151, 1A 46. The Plaintiff hereby incorporates all allegations in this document with the same force and effect as if set forth herein. 47. This is a cause of action by the Plaintiff against both Defendants for non-payment of overtime wages in violation of Massachusetts General Laws, chapter 151, 1A. 48. The Company has failed to pay the Plaintiff overtime wages for working in excess of 40 hours per week.

5 49. The Plaintiff does not fall under a statutory exemption under Chapter 151, 1A. 50. As a direct result, the Plaintiffs have suffered monetary damages. COUNT III - Violation of FLSA (29 USC 207) 51. The Plaintiff hereby incorporates all allegations in this document with the same force and effect as if set forth herein. 52. This is a cause of action by the Plaintiff against the both Defendants for non-payment of overtime wages in violation of the Fair Labor Standards Act. 53. The Club willfully failed to pay the Plaintiff overtime wages for working in excess of 40 hours per week. 54. The Plaintiff does not fall under a statutory exemption under the FLSA. 55. As a direct result, the Plaintiff has suffered monetary damages. COUNT IV - Violation of M.G.L. c. 151B, 1 et seq. 56. The Plaintiff hereby incorporates all allegations in this document with the same force and effect as if set forth herein. 57. This is a cause of action by the Plaintiff against both Defendants for race discrimination in violation of Massachusetts General Laws, chapter 151B, 1, et. seq. 58. The Defendants have created a hostile work environment and subjected the Plaintiff to disparate treatment because of his race, which has been severe, pervasive and offensive. 59. As a result of the Defendants conduct, the Plaintiff has suffered damages.

6 The Plaintiff demands a jury trial on all triable issues. WHEREFORE, the Plaintiffs pray that this Honorable Court: 1. enter an award of multiple damages against the Defendant, including costs, reasonable attorney s fees and interest, and 2. grant such other relief as this Court deems just and proper. September 20, 2012 The Plaintiff, Reginald Mendes, By his attorney, John W. Davis (BBO #648399) Davis & Davis, P.C. 77 Franklin Street, 3 rd Floor Boston, MA (617) jdavis@davisanddavispc.com

2:14-cv DCN Date Filed 10/23/14 Entry Number 1 Page 1 of 10

2:14-cv DCN Date Filed 10/23/14 Entry Number 1 Page 1 of 10 2:14-cv-04138-DCN Date Filed 10/23/14 Entry Number 1 Page 1 of 10 Jose A. Rivera, On Behalf of Himself and other Similarly Situated Employees Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT