News & Analysis as of

Adult Entertainment Fair Labor Standards Act (FLSA)

Carlton Fields

Gentlemen’s Club Cannot Compel Arbitration Where It Actively Litigated Merits Of Dispute

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The Fourth Circuit upheld a district court’s decision refusing to compel arbitration in a labor dispute between a gentlemen’s club (“Crazy Horse”) and a putative class of entertainers because of Crazy Horse’s extensive...more

Ballard Spahr LLP

Dancer's Claims Against Club Not Subject to Arbitration Clause, Third Circuit Rules

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Employers should take note of a recent ruling by the U.S. Court of Appeals for the Third Circuit in a case involving the arbitration clause in an independent contractor agreement....more

Troutman Pepper

February 2017 Independent Contractor Misclassification and Compliance News Update

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Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

Troutman Pepper

November 2016 Independent Contractor Misclassification and Compliance News Update

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Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Carlton Fields

Ninth Circuit Affirms Denial Of Motion To Compel Arbitration

Carlton Fields on

In an unpublished decision, the Ninth Circuit recently affirmed a California district court’s denial of a motion to compel arbitration. The case involves claims brought by a putative class action of exotic dancers under...more

Troutman Pepper

June 2016 Independent Contractor Misclassification and Compliance News Update

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The poster children of IC misclassification cases dominated the news in June: Uber, Lyft, GrubHub, FedEx, an exotic dance club, and a trucking transport company. It was not a good month for any of them, yet as we have...more

Sands Anderson PC

Are exotic dancers employees or independent contractors? Fourth Circuit says they are employees

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In May 2016, the Fourth Circuit applied a six-part, economic realities test to determine that two Maryland dance clubs had misclassified their exotic dancers as independent contractors. This case is important for several...more

Troutman Pepper

March 2015 Independent Contractor Compliance and Misclassification News Update

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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

Troutman Pepper

February 2015 Independent Contractor Compliance and Misclassification Update

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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

Troutman Pepper

December 2014 Independent Contractor Compliance and Misclassification Update

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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

Littler

Nevada Supreme Court Adopts Economic Realities Test to Determine Employment Status

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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

Orrick - Employment Law and Litigation

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

Troutman Pepper

November 2014 Independent Contractor Compliance and Misclassification Update

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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

Foley & Lardner LLP

Gentlemen’s Club Cannot Strip Dancers of Employee Status

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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

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