Verma v. 3001 Castor Inc, No. 18-2462 (3d Cir. 2019)
Annotate this CaseA jury awarded more than $4.5 million to a class of dancers at the Penthouse Club, a Philadelphia “adult gentleman’s club,” owned and operated by 3001 Castor, for unpaid minimum wages and unjust enrichment under Pennsylvania law. The Third Circuit affirmed concluding that, as a matter of “economic reality,” the dancers were employees of Castor, not its independent contractors. The court rejected Castor’s “novel argument” that the federal Fair Labor Standards Act precluded the class’s claims for unjust enrichment. Castor is not entitled to any credit or offset against the jury award for payments already received by the dancers.
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