A group of former bartenders is taking legal action against a prominent New York City nightclub, alleging that the establishment engaged in illegal wage practices and retaliatory behavior. The lawsuit was filed by Haydee Sofia Hernandez, Gilda Oliveira, Emerald Hernandez, Sarra Roussou, and Alice Basovsky on February 27, 2026, in the United States District Court for the Southern District of New York against A Peaceful Corner, Inc., which operates as EVOL Nightclub, and its co-owner Cheng “Danny” Lin.
The plaintiffs claim that during their employment at EVOL Nightclub between 2024 and early 2026, they were subjected to unlawful wage practices that violated both federal and state labor laws. According to the complaint, the defendants regularly withheld portions of mandatory gratuities and voluntary cash tips from the service staff. Additionally, it is alleged that wages were often paid late or not at all within the stipulated pay periods. Plaintiff Haydee Sofia Hernandez reported that she worked as a bartender from 2024 through 2025 without receiving timely payments for her services. Similar allegations were made by other plaintiffs who worked during overlapping periods.
The lawsuit further accuses EVOL Nightclub of racial discrimination and retaliation. In October 2025, plaintiff Haydee Sofia Hernandez emailed the club’s general manager to report perceived racial discrimination and inconsistencies in payroll practices. She noted feeling singled out due to her Hispanic background compared to her Asian colleagues who allegedly faced less scrutiny for similar actions. Shortly after raising these concerns, Hernandez claims she was terminated from her position—a move she believes was retaliatory. Another plaintiff, Emerald Hernandez, faced similar repercussions after voicing complaints about illegal pay practices in December 2025.
The plaintiffs are seeking various forms of relief from the court. They demand compensation for unpaid minimum wages and misappropriated tips under both federal Fair Labor Standards Act (FLSA) provisions and New York State labor laws. The lawsuit also calls for liquidated damages, attorneys’ fees, costs related to the case proceedings, and pre- and post-judgment interest. Additionally, plaintiffs Haydee Sofia Hernandez and Emerald Hernandez seek compensatory damages for emotional distress resulting from alleged retaliation.
Representing the plaintiffs is attorney D. Maimon Kirschenbaum of Joseph & Kirschenbaum LLP based in New York City. The case has been assigned Case No. 1:26-cv-1637 in front of a jury trial as demanded by the plaintiffs.
Source: 126cv01637_Haydee_Sofia_v_A_Peaceful_Corner_Complaint_Southern_District_of_New_York.pdf
