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Exotic dancers are employees, may settle case

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A federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club owner argued.

Wendi R. Morse and other exotic dancers at Dancers Showclub sued their employer in October 2008 claiming the club didn’t pay them in accordance with the Fair Labor Standards Act. They only were only paid in the tips they made and weren’t paid minimum wage.

Judge William Lawrence in the Southern District certified the suit as a class action. In June, he granted the plaintiffs’ motion for summary judgment on their FLSA claim based on the factors defined in Secretary of Labor v. Lauritzen, 835 F.2d 1529, 1535 (7th Cir. 1985). The judge also relied on a similar case out of the 5th Circuit Court of Appeals, Reich v. Circle C. Investments, Inc., 998 F.2d 324 (5th Cir. 1993), where that court found exotic dancers to be employees.

Instead of proceeding to a jury trial as previously set for December, the parties are now scheduled to participate in a joint settlement conference in September. Joining the settlement conference is Jennifer Dunn, who filed an identical suit against Dancers Showclub in February because she didn’t opt into the class-action suit in time.
 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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