Tucson lawyer represents exotic dancers seeking back pay
11/05/2009 11:40 AM David Wichner
A Tucson attorney is representing a group of exotic dancers suing the self-proclaimed world’s largest strip club — Sapphire Gentlemen’s Club in Las Vegas — for failing to pay dancers wages, and for failing to recognize the dancers’ rights, benefits and protections as employees of the club.
According to the plaintiff’s law firm, Tucson-based Rusing & Lopez, the complaint alleges that Sapphire pays no wages to its dancers at all, and, instead, requires these employees to pay “house fees,” “off-stage fees” and other fees to Sapphire for the “privilege” of performing in the club.
Lawyer Mick Rusing of Rusing & Lopez said if the dancers’ case is successful, not only will Sapphire be obligated to pay wages to its employees, but it will also be prevented from demanding payment from the dancers for performing in the clubs and will be required also to provide other benefits and protection of employment including workers compensation insurance.
According to the Las Vegas Sun, Rusing also was involved in a similar case against another topless club last year. That suit resulted in a ruling by the Nevada Supreme Court allowing the case to proceed under state law claims, the Sun reported.
Here’s the law firms’ press release:
Exotic Dancers Sue Sapphire for Unpaid Wages
A group of exotic dancers is suing the self-proclaimed world’s largest strip club — Sapphire Gentlemen’s Club — for failing to pay dancers wages, and for failing to recognize the dancers’ rights, benefits and protections as employees of the Las Vegas club.
On November 2, 2009, attorneys for exotic dancer Zuri-Kinshasa Maria Terry filed a class action lawsuit against Sapphire and its operating company in the Eighth Judicial District Court in Las Vegas on behalf of a class of potentially thousands of current and former Sapphire dancers. Sapphire touts itself as the world’s largest gentlemen’s club — Sapphire’s website boasts of “70,000 square feet of topless entertainment” and “100s of beautiful girls from around the world.”
The dancers are suing under the Nevada Wage and Hour Law seeking recovery of past unpaid wages, reimbursement of “fees” wrongfully imposed upon them, and for damages for other Wage and Hour Act violations. The case centers on the obligation of Sapphire to pay no less than the minimum wage established by Nevada law to the exotic dancers it employs.
The complaint alleges that Sapphire pays no wages to its dancers at all, and, instead, requires these employees to pay “house fees,” “off-stage fees” and other fees to Sapphire for the “privilege” of performing in the club. The complaint includes claims alleging that Sapphire:
• Fails to pay dancers the hourly wages and overtime wages mandated by Nevada law;
• Fails to pay dancers the compensation due upon termination or resignation as provided by Nevada law;
• Unlawfully takes money from the dancers by charging “fees” required to be paid as a condition of employment;
• Unlawfully requires dancers to purchase and maintain at their own expense special uniforms, costumes and accessories to be worn at Sapphire; and
• Unjustly profits at the expense of the dancers, who are treated as employees but are not afforded the rights, benefits and protections to which employees are entitled under Nevada law.
Per Mick Rusing of Tucson based Rusing & Lopez, the dancers’ counsel, if the dancers’ case is successful, not only will Sapphire be obligated to pay wages to its employees, but it will also be prevented from demanding payment from the dancers for the “privilege” of performing in the clubs. It will be required also to provide other benefits and protection of employment including workers compensation insurance.
The Plaintiff’s class is represented by the Las Vegas-based firm of Christensen Law, the Tucson, Arizona firm of Rusing & Lopez, and California attorney Robert L. Starr. The way was paved for this action by a similar case in 2008, Jane Roe Dancer I-VII vs. Golden Coin, Ltd., dba Girls of Glitter Gulch, wherein Plaintiff’s attorney Michael J. Rusing, of the Rusing & Lopez firm, successfully argued to the Nevada Supreme Court that exotic dancers should be entitled pursue their wage and hour claims under Nevada law against a group of strip clubs in Las Vegas via a class action. It is anticipated that additional class action lawsuits of a similar nature will be brought against other Las Vegas clubs in the near future.
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