Clowns.com sued by former employee over alleged failure to pay for travel, tips, parking and overtime

A Queens man who spent three years performing as a clown at children's parties across the region contends his Nassau-based former employer failed to pay him and other entertainers for their travel, tips, parking and overtime, according to a federal lawsuit.

Henry Baltz, 22, of Astoria, filed a complaint on Aug. 7 in the Eastern District of New York against Elmont-based Clowns.com, citing violations of the federal Fair Labor Standards Act.

Also named in the suit, which seeks permission from the court to expand into a class action with multiple other entertainers, are two affiliated companies: First Entertainment LLC, which issued pay stubs to the clowns, and Talent Agency 7 Corporation, which posted job listings for Clowns.com.

The complaint accuses Clowns.com of "failing to pay overtime compensation and failing to timely pay tips and minimum wage and overtime compensation."

Attorneys for Baltz declined to comment.

Clowns.com and its affiliated companies did not respond to multiple requests for comment.

The suit, which does not seek a dollar amount, names George Adolph Rodriguez and Erica Barbuto, the married owners and operators of Clowns.com, which provides clowns, bounce houses, concessions, magicians and costumed characters — from Mickey and Minnie to Elmo and the Minions — for children's parties.

"We captivate kids' imaginations with exciting characters and activities," the company states on its website. "Clowns.com can transform any event — from a birthday bash to a holiday party — into an unforgettable experience."

Baltz worked for the company, which has a warehouse on Meacham Avenue in Elmont, from May 2023 to July 2026, largely working children's parties in the five boroughs, the complaint states.

Clowns.com, the complaint states, failed to pay Baltz for the time he spent picking up and dropping off other employees in a company car; driving back and forth from the Elmont warehouse to pick up supplies; and driving to and from parties.

"On a typical workday, plaintiff performed at multiple parties, and his workday included travel time between the parties," the complaint states. "They did not pay plaintiff for his travel time between parties, and if a party ran longer than scheduled, plaintiff did not receive any additional pay. ... Defendants never paid plaintiff for his time picking up and dropping off other entertainers at the beginning and end of the day."

Baltz also contends the company altered his time records to pay him for fewer hours than he actually worked and failed to compensate him for overtime, tips, gas, parking, towing and traffic expenses.

This is not the first lawsuit filed by former employees of Clowns.com.

In 2023, Newsday reported on a federal suit filed by a quartet of former clowns, who argued that the company violated federal and state laws by mischaracterizing their employees as independent contractors to avoid paying them hourly wages and overtime. Eight additional plaintiffs eventually joined the case, records show.

That complaint, which made many of the same allegations leveled by Baltz — that Clowns.com refused to pay for their travel and that they failed to receive overtime when working more than 40 hours a week — was settled in 2024, records show.

An agreement reached with the company paid nine former Clowns.com employees a total of $7,331 in back pay and damages and $1,832 in attorneys' costs and fees, documents show.

Meanwhile, in May, Oscar Javier Espinoza, another former Clowns.com employee, filed a federal lawsuit against the company, arguing he was paid only straight time when he worked more than 40 hours in a week during the first five years and nine months of his time as a "helper and delivery person."

The lawsuit, which is ongoing, seeks unpaid wages, damages and interest, plus attorney fees and costs.

The State Workers’ Compensation Board also previously obtained a judgment against both Clowns.com and Rodriguez for failing to carry workers' compensation insurance, according to the new lawsuit.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.