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Vegas Judge Finds Dancers to be Independent Contractors, Not Employees


Despite contrary rulings from around the country, Attorneys Whitney Selert and Allison Kheel succeeded in obtaining summary judgment in the first of its kind, misclassification class action against an exotic dance establishment. The Fisher Phillips attorneys represented a Gentleman’s Club in Las Vegas, Nevada, in a class action suit brought on by their Exotic Dancers, claiming they were misclassified as independent contractors and paid less than minimum wage in violation of the Minimum Wage Amendment to the Nevada Constitution.  Early in the case, the Court granted our client’s motion to compel arbitration for dancers who signed agreements to arbitrate as part of their entertainer agreement. The Court later granted summary judgment to the Defendants against the remaining Plaintiffs, noting that each had signed an agreement acknowledging their status as independent contractors at the outset and that they acted in accordance with that understanding. The Court also noted that the economic realities test demonstrated dancers were properly classified as independent contractors.  The Fisher Phillips attorneys were able to show that among the relevant factors to the Court’s analysis were the facts that the dancers were not restricted to performing only at the Defendants’ club; were not required to work any given days, times or shifts; were not required to stay for any length of time when working; and were allowed to negotiate any rate and retain the fees collected from club patrons for their performances.


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