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. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT