J. Thompson & Associates and Sommers Schwartz Announce
SOUTHFIELD, Mich., June 25, 2008 (LAWFUEL) — On June 25, 2008,
a class action was filed on behalf of exotic dancers who have worked at
nine Deja Vu nightclubs over the past three years, claiming back wages,
liquidated damages, penalties and injunctive relief alleged to be owed.
The dancers assert that the companies named as Defendants in the
action, Deja Vu Consulting Inc. and Cin-Lan Inc. misclassified all
dancers at the nightclubs as independent contractors, as opposed to
employees, and as a result, the dancers were not paid the minimum wages
required by the Fair Labor Standards Act (FLSA) and the Michigan
Minimum Wage Law (MWL). The complaint also alleges that the dancers
were also not allowed to retain all tips given to them by customers,
but instead were forced to split those tips with the defendant
companies. The lawsuit alleges these tactics were done to enhance the
Deja Vu Nightclubs profits at the expense of the dancers.
According to Hart Robinovitch, one of the attorneys for class: “It
appears that despite longstanding case law confirming that exotic
dancers are employees under the FLSA, not independent contractors, the
nightclubs continue to intentionally misclassify the dancers that work
at their nightclubs to avoid paying them minimum wages, in addition to
the tips they are given by patrons.”
Attorney Jason Thompson added: “Employees who receive tips, even
substantial tips from patrons, are still entitled to minimum wages for
the hours they work under both federal and Michigan law.”
Caleb Marker, another attorney for the dancer class said: “This lawsuit
is just the first step in assuring these employees receive fair wages.
It’s also an important step that will allow us to inform other
employees at Deja Vu Nightclubs, around the country, of their
fundamental employment rights, and also provides the means for them to
join this lawsuit.”
