ILNews

Court certifies exotic dancer suit as class action

Back to TopE-mailPrintBookmark and Share

Anyone who danced in the past three years at one Indianapolis strip club embroiled in a lawsuit over minimum wage may be able to collect on unpaid wages, ruled a District Court judge Wednesday.

Southern District Judge William Lawrence granted a motion for notice to potential plaintiffs and certified the matter as a collective action in Wendi R. Morse and Felicia Kay Pennington, individually, and on behalf of others similarly situated v. M E R Corp. d/b/a Dancers Showclub, No. 1:08-cv-1389.

Dancers Wendi R. Morse and Felicia Kay Pennington filed the suit in October 2008 alleging the club failed to pay them and others similarly situated in accordance with the Fair Labor Standards Act. They no longer worked at the club when they filed the suit but had worked there within the past three years.

The plaintiffs argued Dancers Showclub incorrectly classified dancers as independent contractors instead of employees and failed to pay them minimum wage. The suit also claims Dancers Showclub required the women to pay a percentage of their tips to the club and other employees who don't customarily receive tips, violating 29 U.S.C. Section 203(m).

Dancers don't receive any wages or other compensation from the club and they aren't allowed to dance at any other exotic clubs while working at Dancers Showclub. The suit also states the club sets the hours, shifts, and minimum tips the dancers are required to get each shift.

The plaintiffs want the club to repay back wages in addition to wages equal to the amount they had to tip-out to the club and other employees, as well as liquidated damages equal in amount to the unpaid compensation and tips found due to the dancers.

Judge Lawrence certified the suit as a collective action, ordering Dancers Showclub to produce the names and other employee information of all the current and former dancers at the club from the previous three years as of the date of the order. The judge ordered Dancers Showclub to produce the information by Jan. 18 and required the notice to potential plaintiffs and consent to join form be mailed within 7 days from that date. Potential plaintiffs have 60 days from that point to opt-in the litigation.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

ADVERTISEMENT