Woods v. Club Cabaret, Inc.

140 F. Supp. 3d 775, 2015 U.S. Dist. LEXIS 145588, 2015 WL 6444793
CourtDistrict Court, C.D. Illinois
DecidedSeptember 28, 2015
DocketCase No. 1:15CV01213-JEH
StatusPublished
Cited by15 cases

This text of 140 F. Supp. 3d 775 (Woods v. Club Cabaret, Inc.) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woods v. Club Cabaret, Inc., 140 F. Supp. 3d 775, 2015 U.S. Dist. LEXIS 145588, 2015 WL 6444793 (C.D. Ill. 2015).

Opinion

Order

Jonathan E., Hawley, UNITED STATES MAGISTRATE JUDGE

Before the Court is the Plaintiffs, Alei-gha Woods’s (Woods) Motion for Conditional Certification, and Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b) (D,22) and the Defendant’s, Club Cabaret, Inc.’s (Club) response thereto. (D. 30). The motion is GRANTED.

I

Woods filed this putative collective action on May 26, 2015. She alleges that Club Cabaret miselassified her and other entertainers as -independent, contractors, denying them minimum wages and requiring them to pay to work, in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. § -20, et seq, and the Illinois Minimum Wage Law (IMWL), 820 ILCS 105/1, et seq. The Complaint seeks permission to [778]*778proceed as a collective on behalf of “[a]U persons who work(ed) as entertainers for Defendant at any time within three years of the filing of this Complaint.” (D. 1 at EOF p. 13.) Since then, fifteen additional entertainers have joined the action as opt-in Plaintiffs, although one withdrew her consent. (D. 4, 7, 11,12, 13, 14, 15, 17, 18, 19, 25, 26, 31, 36, 37.) The Defendant filed its Answer on July 31, 2015, which also alleged seven counterclaims. (D.20.) To date, the parties have exchanged only initial disclosures, the remainder of the discovery schedule being stayed until after a ruling on the motion now before the Court.

II

A

As alleged in the Complaint and supported by Plaintiffs exhibits to her motion, Club Cabaret is an adult entertainment establishment located in Creve Coeur, Illinois. It is open from 11:00 am until 4:00 am Monday through Saturday. Customers pay a cover charge of $5.00 after 6:00 pm on Monday through Thursday and $7.00 after 6:00 pm on Friday and Saturday. The Club in turn provides customers with adult entertainment through topless and fully-nude exotic dancing. For example, Club Cabaret’s entertainers “offer table and couch dances and hourly promotions for t-shirts, hats, or cigars.” (D. 24-1 at ECF p. 2.) Club Cabaret also offers other services such as food, haircare, nail-care, cigar sales, shoe-shine, and car washes. Id. Club Cabaret is equipped with a dressing room, a main stage with a pole, a satellite stage with a pole, a VIP suite, a VIP wine room, and a “floor” where customers congregate. Club Cabaret employs managers, bartenders, cooks, waitresses, bouncers, disc jockeys, massage therapists, barbers, along with others. Most relevant to this lawsuit, Club Cabaret also has “over 100 beautiful dancers” who provide entertainment to its customers. Id.

Regarding the dancers, Club Cabaret hires entertainers to dance at its club which it classifies as independent contractors, rather than employees. As part of the hiring process, women fill out an application, have an interview, and are told that they must obtain an adult-entertainment permit with the county. Once hired, the entertainers are required to follow a work schedule set forth by the Club’s manager, Jill Lang. Each entertainer must work a minimum of 24 hours per week. The scheduled shifts that each entertainer is required to work are posted in the Club’s dressing room. If an entertainer does not show up for her scheduled shift, or if she is late for it, she must pay a fine. If she misses her entire shift, she is required to pay the Club’s “house fee” for her shift. If she is late for her scheduled shift, she must pay the Club $20. Additionally, if an entertainer has to leave the Club for any reason before her scheduled shift is over, she must first get management approval. She must also pay the Club a fine for not finishing her shift.

Once an entertainer shows up for her scheduled shift, she checks in with the Club’s DJ. The Club’s DJ is required to approve each entertainer’s appearance before she can begin dancing. When reviewing the entertainer’s appearance, the DJ refers to a checklist made by Club Cabaret. The checklist requires the DJ to ensure that each entertainer’s hair is done, her nails have polish on them, her breath does not smell bad, and that she is not wearing perfume, oil, or glitter. If an entertainer does not meet one of these criteria, she is not allowed to dance, or in the alternative, she has to pay the Club a $20 fine.

Once her appearance is approved by the DJ, entertainers perform dances for cus[779]*779tomers. All entertainers are required to follow the Club’s stage rotation. They first dance on the Club’s main stage for 2-3 songs. They then rotate to the Club’s satellite stage for 2-3 songs. Next, entertainers dance with customers on the floor, providing either table or couch dances. Additionally, each hour, the entertainers are required to participate in the Club’s promotions. During this time, the entertainers are required to wear knee-length gowns, appear on the Club’s main stage, hold the Club’s merchandise, and stand no further than two feet away from another entertainer.

While at Club Cabaret, each entertainer is required to abide by the Club’s rules. For example, while working, entertainers cannot chew gum, they have to smile while on stage, they must wear a gown that is knee-length or longer while not on stage, and they eannot use their cell phones while in the Club. Additionally, entertainers are to change their gowns every 2-3 hours. They are also required to wear high-heel shoes that are at least four inches tall while working. These rules are posted in the Club’s dressing room. If an entertainer breaks any of the Club’s rules, she must pay a $20 fine. If an entertainer has too many violations, she is placed on the Club’s “bad girl” list and must pay the Club $10 per day for an entire month. (D. 24-2 at ECF p. 4).

Central to the claims in this case, Club Cabaret does not pay its entertainers anything. Instead, the Club has classified its entertainers as independent contractors, and as such, they do not receive an hourly wage from the Club. Entertainers must pay the Club each scheduled shift they work, while they keep the gratuities they receive from customers. Each shift, an entertainer must pay Club Cabaret a fee referred to as the house fee or rent fee. The Club’s house fees range from $55-$65 per shift, depending on what shift the entertainer works, these amounts being $55 for day shifts and $65 -for night shifts. Additionally, entertainers are required to pay the Club fines for rule violations. As alleged, entertainers typically pay $20 each time they violate the Club’s rules. In some instances, an entertainer may walk out of the Club after working a 12-hour shift without any net earnings.

According to the Plaintiff, all of these working conditions and requirements, as well as the compensation practices, are imposed on all entertainers, regardless of the amount of time they have worked for the Club.

B

The Plaintiff asks the Court to conditionally certify a class such that she can represent those entertainers who worked at Club Cabaret any time during the past three years in a “collective action.” Specifically, she argues that she is “similarly situated” to the proposed members of the class because she and all proposed class members worked at a single location, under the same management structure, under the same rules, and performed the same job duties. Additionally, the Plaintiffs claims rest on a determination of whether the Defendant misclassified entertainers as independent contractors under the law.

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140 F. Supp. 3d 775, 2015 U.S. Dist. LEXIS 145588, 2015 WL 6444793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-club-cabaret-inc-ilcd-2015.