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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT