Former employees haven’t been paid after opening of D.C. bar; owner disputes timing under law – WUSA9
The owner confirmed that several employees were terminated, but says he has 30 days to pay them under the law. DC Office of Wage-Hour says it must be the next day.
WASHINGTON — Former employees of RUSH Bar and Restaurant have not been paid since mid-December, following the bar’s recent opening in Washington, D.C., a claim the owner confirmed, though he says he believes he is complying with the law.
One employee, John Marsh, also known by his drag name Cake Pop, told WUSA9 he was hired in a salaried role to work in marketing and drag performance. Marsh said employees were promised paychecks on Dec. 15, but that money never arrived.
Editor’s note: Although near one another, RUSH Bar and Restaurant is not affiliated with Crush Dance Bar
“Dec. 15 comes, no one receives any kind of direct deposit or anything,” Marsh said. “Understandably, people start freaking out.”
Marsh said he and other employees were expecting to be paid that day. He said that after employees raised concerns about not being paid, some were terminated.
“There are some employees that he’s let go or terminated because of their reactions to not getting paid,” Marsh said.
The bar’s owner, Jackson Mosley, told WUSA9 there was initially a payroll issue related to the bar’s federal employer identification number that delayed payment. Mosley later acknowledged that he currently does not have the money to pay some former employees.
Mosley said employees who were terminated were fired for what he described as gross misconduct. He also said he believes he has up to 30 days, one full pay period, to issue final paychecks.
However, the D.C. Office of Wage-Hour Compliance told WUSA9 that the interpretation is incorrect.
According to the agency, employees who are terminated — whether salaried or hourly — must be paid all earned wages by the next working day.
Marsh also said he was asked to perform work outside of his job description in the days leading up to the bar’s opening, including helping prepare the space while it was still under construction.
“I ended up project-managing a lot of things — getting contractors in, programming the register system,” Marsh said.
Mosley confirmed that employees were asked to take on many roles. He told WUSA9 that the phrase “that’s not my job” was banned at the bar and said the work was meant “to challenge them” and see whether employees were willing to step up ahead of opening.
Labor officials told WUSA9 that an employee’s job duties or attitude do not affect when wages must be paid under D.C. law.
Mosley confirmed that some former employees have not been paid, but said all current employees have received their wages.
Marsh, however, said he has not been formally terminated and has not received any pay at all.
During a phone call with WUSA9, Mosley said he would “prioritize those that are loyal to the organization,” adding that Marsh had “dropped down on the priority list.”
Marsh said he believes other employees are afraid to speak out for fear of retaliation. He has since set up a GoFundMe to help people, he says are still waiting to be paid.
Mosley told WUSA9 he is not “sitting on a pile of cash” and said he would pay former employees if he could. Marsh said he is out thousands of dollars and does not know when — or if — he will be paid.
