Nevada court says Strip club dancers are employees

Employment Law

In a legal decision with wide implications for strip clubs in Sin City, the Nevada Supreme Court ruled Thursday that dancers at one Las Vegas club are employees, not independent contractors, and are entitled to be paid minimum wage.
 
The unanimous ruling Thursday in a 2009 class-action lawsuit filed on behalf of six dancers at Sapphire Gentlemen's Club could change the landscape statewide in a business where dancers have for decades depended on tips and even paid "house fees" to establishments that allowed them to work.

"Given that Sapphire bills itself as the 'World's Largest Strip Club,' and not, say, a sports bar or nightclub," the high court said, "we are confident that the women strip-dancing there are useful and indeed necessary to its operation."

Mick Rusing, the Tucson, Arizona, attorney who represented plaintiff Zuri-Kinshasa Maria Terry and five other dancers in the initial case, said the ruling might directly effect more than 6,500 current and former members of the affected class, dating to about 2006.

Rusing said they could be entitled to a combined $40 million in back wages, plus the return of house fees.

"And it keeps going up every month," Rusing said. "As employees, you get a lot of rights. The girls are entitled to be paid. At very least, minimum wage."

Sapphire officials and the attorneys who represented the company before the Supreme Court didn't immediately respond to messages.

The Supreme Court ruling, written by Justice Kristina Pickering, declared clubs are not exempt from provisions of the federal Fair Labor Standards Act.

That includes worker compensation and sexual harassment rules, Rusing said.

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