Morris-Anderson Law Files Additional Suits in Relation to the Supreme Court Ruling for Nevada Dancers
November 10, 2014 – Today, the attorneys at Morris-Anderson Law filed additional suits against four more gentlemen’s clubs in Las Vegas. This new development in the case for dancers’ rights greatly increases the number of dancers that may be entitled to compensation for unfair labor practices.
It was on October 30th that the Nevada Supreme Court ruled that dancers qualify as employees, not independent contractors. This landmark ruling means that clubs could be ordered to pay back wages to dancers that were not paid at least minimum wage while working for the clubs.
Despite dancers having little control over work-related decisions that the clubs managed instead, dancers were were not being paid as employees. In fact, dancers usually must pay to work at the clubs and only make tips from their customers. Club management would dictate what dancers wore, their work schedules, and how they interacted with customers. The Nevada Supreme Court ruled that dancers “are wage earners toiling for a living…not independent entrepreneurs.” From the court’s ruling, Sapphire Gentlemen’s Club qualifies as an employer under NRS 608.011, and dancers qualify as employees under NRS 608.010. The courts ruled that the dancers and the clubs have an “employment relationship,” which legally requires the dancers to be entitled to minimum wage.
On October 30th, one of the attorneys who filed the original suit against Sapphire, stated: “Today’s ruling sets firm precedent that dancers are not independent contractors but employees.”
“This is a huge victory for workers in Nevada,” Attorney Ryan Anderson adds. “These clubs treated their dancers like employees. While these businesses claim they have no formal contract, they do, in fact, outline clearly what the entertainers can and can not do, what they can and can not wear, house fees, and minimum performance requirements. The employee / employer relationship is obvious. While the judgement was against Sapphire Gentlemen’s Club itself, the ruling obviously has implications for every strip club in the state.”
The ruling is based on the Fair Labor Standards Act which uses the economic realities test to determine how employees are paid. The court pointed out that Sapphires Gentlemen’s Club bills itself as “The World’s Largest Strip Club” making it quite apparent that these dancers are integral assets to the club itself.
“[The] judgement by the Nevada Supreme Court will ensure the dancers are paid a minimum wage, based on the same criteria established for all Nevada employees,” stated Ryan Anderson, partner in Bighorn Law and counsel in the class-action lawsuit.
Attorneys representing the entertainers are expected to ask for a judgement in the millions representing wages back wages dating to 2009.
Bighorn Law is a law firm with offices in Nevada and Utah. Its two principal attorneys are Nathan Morris and Ryan Anderson. They can be reached for comment at (702) 333-1111.
Bighorn Law Locations
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Las Vegas, NV 89107
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Henderson, NV 89052