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NEW YORK, Sept 10 (Reuters) Dancers at the midtown Manhattan strip club Rick Cabaret should be paid cheap canada goose uk minimum wage, a canada goose uk outlet federal Canada Goose Coats On Sale judge ruled on Tuesday, saying cheap Canada Goose the club Canada Goose sale unfairly classified them as independent contractors when they are in fact club employees. Canada Goose online trend toward judges ruling canada goose coats that exotic dancers deserve to get minimum wage, overtime and other job protections.
A group of dancers sued Rick canada goose uk shop Cabaret in buy canada goose jacket 2009, seeking class action status, saying they were not paid salaries but received fees usually $20 from customers for canada goose store the lap dances they performed.
The dancers, buy canada goose jacket cheap who were required to pay the club a fee for canadian goose jacket the nights they worked, argued that they were denied canada goose clearance basic minimum wage protections because Rick Cabaret classified them as independent canada goose coats on sale contractors.
Shares in Rick Cabaret International Inc closed down 0.73 percent at $12.19 on the Nasdaq in a day of broadly bullish trading on Wall Street. The company owns more than 40 gentlemen clubs and restaurants nationwide. District Judge Paul Engelmayer of New canada goose clearance sale York generally sided with the plaintiffs, saying in a 65 page ruling that the club exercised so much control over the dancers that the women were actually employees subject to uk canada goose outlet the club rules, and could not uk canada goose make independent decisions about their work.
Rick Cabaret ordered that dancers not chew gum, dictated what outfits they wore, when they came to work and which Canada Goose Outlet bathrooms they used on the premises, Engelmayer said.
four years of litigation we are thrilled to finally have had our day in court, said Michelle Drake, an attorney for the dancers. think the canada goose ruling Canada Goose Parka makes clear that employers can canada goose black friday sale not avoid their obligation to pay wages by hoping that somehow their customers can do it for them. and Minnesota, who have said that the workers are entitled to receive minimum wage, overtime and other wage protections.
In April a group of 1,245 dancers at the New York based Penthouse Executive Club reached an $8 million preliminary settlement with Canada Goose Online the club over unpaid wages; the settlement is awaiting a judge approval.
RULING WILL HAVE EFFECT Rick Cabaret had argued that the fees that the dancers got for lap dances canada goose factory sale counted as their wages, an argument Engelmayer did not accept.
an employer minimum wage obligations to be satisfied by payments directly by customers to its employees would create intolerable problems of proof, he wrote.
The ruling has effect on Rick Cabaret current practice because it has changed its classification of workers, said Eric Canada Goose Jackets Langan, women’s canada goose outlet CEO canada goose uk black friday of Rick Cabaret International, in a statement, adding that the company intends to appeal.
is hard to imagine how these entertainers should be paid at the minimum wage, which would amount to a fraction of the $1,000 or more that some of them acknowledged they earned in a single night, Langan said.
Representing the company, Jeffrey Kimmel of law firm Meister Seelig Fein LLP, said in canadagooseoutlet4online a statement: disagree with the decision and intend to appeal.
He said the company plans to move the class be decertified.
there are significant remaining issues that were not addressed on these motions, including whether the substantial amounts earned by the plaintiffs can be deemed wages under New York state law and therefore be applied against any claimed minimum wage obligations, he said.
For defendants Rick Cabaret International et al: Jeffrey Kimmel and Howard Davis of Meister Seelig Fein.