McFeeley v. Jackson Street Entm't, No. 15-1583 (4th Cir. 2016)
Annotate this CasePlaintiffs, exotic dancers, filed suit alleging that their dance clubs failed to comply with the minimum wage standards pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and corresponding Maryland wage and hour laws. The district court held that plaintiffs were employees of the defendant companies and not independent contractors. The court concluded that, based on the totality of the circumstances, the relationship between plaintiffs and defendants falls on the employee side of the spectrum. The court found that the many ways in which defendants directed the dancers rose to the level of control that an employer would typically exercise over an employee. The court also concluded that the district court did not err in rejecting defendants’ good faith defense for the period prior to September 2011 and awarding plaintiffs liquidated damages for that period; the trial court correctly excluded evidence showing plaintiffs’ earnings in the form of tips and performance fees; and the court found no grounds for reversal based on defendant's claims of error regarding jury instructions, the verdict sheet, or the denial of a new trial motion. Accordingly, the court affirmed the judgment.
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