Where workers at a NASCAR race in Richmond alleged that defendant failed to pay them their tips, but they failed to establish a common policy, plan or scheme to violate the law, their motion for conditional certification was denied.
Background
On April 21, 2025, Kelvin Darkwa, Chelsey Crosswhite, Calvin Alex Ales Jr, Khadijah Vasser, Victoria Elizabeth Hric and Zoe Ray filed a complaint against Royal Entertainment Events, LLC. The complaint alleges that defendant (1) violated the Fair Labor Standards Act of 1938, or FLSA; (2) violated the Virginia Wage Payment Act, or VWPA and (3) breached its respective contracts with plaintiffs Crosswhite and Ales.
Thereafter, plaintiffs Crosswhite and Ales voluntarily dismissed without prejudice of their individual claims against defendant. The remaining plaintiffs have now filed a motion for conditional certification.
Common plan or practice
Defendant argues that plaintiffs have failed to establish a common policy, plan or scheme to violate the law. The court agrees. The complaint does not allege that the violations were the product of a common policy or plan. In fact, the complaint offers no explanation for why they were not paid.
And, in plaintiffs’ declarations, they state that defendant “has blamed its failure to pay pre-set, promised, and earned direct wages and tips . . . as a circumstance beyond [defendant’s] control and arising from or related to a dispute between [defendant] and its superior contractor for the Richmond...
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