CLASS ACTION LAWSUIT FILED ON BEHALF OF DÉJÀ VU EXOTIC DANCERS
MINNEAPOLIS: On June 25, 2008, a class action was filed on behalf of exotic dancers who have
worked at nine Déjà 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, Déjà 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 Déjà 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 Déjà Vu Nightclubs, around the country, of their fundamental employment rights, and
also provides the means for them to join this lawsuit."
The defendants are based in Lansing and Durand, Michigan. The class action lawsuit is filed in the
United States District Court for the Eastern District of Michigan. The employees are represented by the
law firms of J. Thompson & Associates PLC of Southfield, Michigan, the Consumer Law Center PLLC
of Jackson, Michigan, Sommers Schwartz PC of Southfield, Michigan and Zimmerman Reed PLLP with
offices in Minneapolis, Minnesota and Scottsdale, Arizona.
|
