Adult Entertainment

News & Analysis as of

March 2015 Independent Contractor Compliance and Misclassification News Update

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

Exotic Dancer Entitled to Workers’ Comp After Being Shot in Club

Addressing an issue that is being litigated around the country, the South Carolina Supreme Court ruled last week that an exotic dancer was an employee of a gentlemen’s club and is therefore entitled to workers’ compensation...more

The Launch Of .PORN & .ADULT TLDS

In 2011, the Internet Corporation for Assigned Names and Numbers (“ICANN”) made waves by approving the first adult entertainment industry-specific top-level domain (“TLD”), “.XXX,” administered by the ICM Registry. At that...more

"Unconscionable" to Provide Arbitration Agreement to Dancers While "Mostly Naked"

Not surprisingly, a court has found that employers should probably not present (and potentially force execution of) important legal documents to employees while they are mostly naked. This shouldn't be too much of a stretch...more

Status Updates - March 2015

Forced friendship. A committee of the Arkansas Senate is expected to vote this week on a bill that would allow companies and other organizations responsible for supervising minors to require their employees to include a...more

Tactics Kill Arb Agreement

In Roe v. SFBSC Management, LLC, No. 14-cv-03616 (N.D. Cal. Mar. 2, 2015), a federal district court in California rejected a night club’s attempt to compel arbitration by a class of performers who claimed they were...more

February 2015 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be...more

Even an Exotic Dance Club (a.k.a. Strip Joint) Can Comply with Independent Contractor Laws – And Avoid or Defend Against Class...

A number of our blog posts since October 2010, including our monthly updates beginning in November 2012, have included reports on class action lawsuits by exotic dancers against strip clubs. This industry has, by far, the...more

Exotic Dancers’ Class Action Employment Suit Stays Alive in California

Salazar v. Victory Entertainment, Inc., No. B249888 (December 15, 2014): In a recent decision, a California Court of Appeal revived a class action lawsuit brought by a group of exotic dancers who claimed that they were...more

December 2014 Independent Contractor Compliance and Misclassification Update

SUPPLIER OF INSTALLATION SERVICES FOR LARGE SATELLITE TV COMPANY CANNOT DISMISS IC MISCLASSIFICATION CLAIM BY INSTALLER. A federal district court in Mississippi last month denied cross-motions for summary judgment in an FLSA...more

Nevada Supreme Court Adopts Economic Realities Test to Determine Employment Status

Recently, the Nevada Supreme Court in Terry, et al., v. Sapphire Gentlemen's Club, reversed a lower court's ruling and held that performers at Sapphire Gentlemen's Club meet the definition of "employees" under the Nevada...more

Nevada Supreme Court Finds Class of Strippers Were Employees

Given the extensive use of euphemisms in the exotic dancing trade, we’ll apologize in advance for any unintended puns. We’ve written on the issue of the classification of exotic dancers or strippers in the past [April...more

Shake It Off: Employer Misclassification of Exotic Dancers under the Fair Labor Standards Act

Recently, there’s been a wave of Fair Labor Standards Act (“FLSA”) rulings adverse to employers in the adult entertainment industry. Early this year, a Southern District of New York judge approved an $8 million settlement for...more

November 2014 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are two independent contractor misclassification class action lawsuits: one was filed in New York against a Silicon Valley giant, Google Inc., and the second was filed in California against...more

Gentlemen’s Club Cannot Strip Dancers of Employee Status

We mentioned early last year that the U.S. Department of Labor intended to start cracking down on the (mis)classification of workers as independent contractors. All is not lost however, as we also recently discussed a New...more

Seventh Circuit: City May Not Close Adult Bookstores

May a city require adult bookstores but not other establishments to close between midnight and 10am every night and all day Sunday? Originally published on the IMLA Appellate Practice Blog - January 27, 2014....more

Gentleman’s Club Owner Hit With Fraud Penalty

A new Tax Court decision just came out – Potter v. Commissioner, TC Memo 2014-18. The case involved a “gentleman’s club” owner in Michigan. In December 2006 IRS special agents engaged in an undercover investigation of...more

A Very Public Private Nuisance

Move over Dos Equis guy. Alan Markovitz may be the most interesting man in the world. Consider his credentials: Markovitz is a “strip-club entrepreneur” who has been shot twice (once in the face) and “even had a mob...more

Danny’s Cabaret to Pay $50,000 to Settle EEOC Race Discrimination and Retaliation Lawsuit

Lawsuit Claimed Discrimination and Retaliation Against Black Female Entertainers - JACKSON, Miss. - A Jackson, Miss., "gentlemen's club" which features "adult entertainment" will pay $50,000 and furnish other relief to...more

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