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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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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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