Terry v. Sapphire Gentlemen’s ClubAnnotate this Case
Appellants, performers at Sapphire Gentlemen’s Club, challenged Sapphire’s practice of paying no wages to the performers, claiming they were “employees” within the meaning of Nev. Rev. Stat. 608.010 and thus entitled to minimum wage. The district court granted summary judgment for Sapphire, concluding that the performers were not “employees” within the meaning of the statute. The Supreme Court reversed after adopting the Fair Labor Standards Act’s “economic realities” test for employment in the minimum wage context, holding that, based on a review of the totality of the circumstances of the working relationship’s economic reality in this case, Sapphire qualifies as an employer under Nev. Rev. Stat. 608.011 and the performers qualify as employees under section 608.010. Remanded.