Bailey Peavy Bailey office


Florida Judge Rules in Favor of Exotic Dancers in FLSA Suit

Mar 29, 2017

A federal judge in Florida ruled in favor of a group of exotic dancers in their case against two South Florida clubs, finding that the dancers were employees, not contractors under the Fair Labor Standards Act (FLSA).

U.S. District Judge William P. Dimitrouleas issued his ruling late on Friday, March 17 denying Faneuil Entertainment Inc. and Set Enterprises Inc. – the owners of the Cheetah-branded clubs in Pompano Beach and Hallandale Beach – a summary judgment.

“We are very pleased with the court’s decision and look forward to pursuing damages rightfully available to the entertainer/dancers who worked at the clubs during the five-year liability period,” said John B. Gallager, the attorney representing the dancers.

Judge Dimitrouleas’ order rejected the club owner’s counterclaims that alleged unjust enrichment and a breach of contract and requested that the tips and fees the dancers owed the club should offset any overtime and unpaid minimum wages.

The dancers filed their lawsuit in October of 2015, where they alleged that the club owners had willfully misclassified hundreds of dancers as independent contractors, rather than as employees. In the suit, they claimed that the dancers were only paid through tips from customers.

The owners attempted to push back against these claims by stating that the dancers in their clubs were licensees who paid the clubs “modest fees” in return for a space to perform, collect fees and tips from customers and use the facilities. The club owners also claimed that the dancers were not given a set schedule or duties to perform, and were free to create their own show from the music to the costumes.

The plaintiffs fought back against this claim, stating that the club owners were in charge of both hiring and firing the entertainers, enforcing rules and tracking their schedules. They argued that the economic reality of the business relationship was that of an employer and an employee, not of an independent contractor.

“Without exotic dancers, the clubs would be ordinary bars, not strip clubs,” said Judge Dimitrouleas. He noted that the arguments against that claim were “simply unconvincing,” and “absurd.”

At Bailey Cowan Heckaman PLLC, our Houston overtime lawyers are committed to securing the legal outcome our clients require. Give us a call to speak with a member of our firm today, or fill out our online form to schedule a free case consultation.

Related Posts:

Commitment to Our Clients

  • 01 Highest quality
    & ethical
    legal services
  • 02 Focus on each
    case as if it
    were our own
  • 03 Strive for
    excellence in keeping
    clients informed
  • 04 Erase any
    doubts clients have
    in their case
  • 05 Work hard to
    earn the trust
    of our clients
How we fight for you

Hear from Our Clients

At BPB, we are proud of the representation that we provide to our clients—the financial compensation that we have won on their behalf and the way we have protected their rights. If you would like to hear what they think of our national trial attorneys, straight from their mouths, please take a minute to watch the videos below.

  • Aubry Campbell (Mesothelioma Claim)
  • Sherrie Moore (Mesothelioma Claim)
  • Loretta Lamont (Mesothelioma Claim)
  • Ava Campbell (Mesothelioma Claim)
  • Pat Chiacchio (Mesothelioma Claim)
  • Doris Hamblett (Mesothelioma Claim)