Birmingham strip club dancers are employees, not independent contractors, judge rules in labor lawsuit

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Birmingham strip club dancers are employees, not independent contractors, judge rules in labor lawsuit
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Former dancers at The Furnace claim the strip club violated the law by not paying them minimum wage or overtime.

Interior photo of The Furnace gentleman's club in Birmingham. bnFormer exotic dancers at a Birmingham strip club were employees of the establishment, not independent contractors, a federal judge ruled as part of a labor lawsuit filed by the entertainers.

U.S. Magistrate Judge John England ruled Wednesday that several factors pointed to the dancers being employees, such as that The Furnace “exercised enough control” over the dancers’ ability to work, that the business controlled the opportunity for dancers to earn a living and that the strip club business expenses outweighed the dancers’ costs.

The Furnace said the fact that the City of Birmingham required the dancers to obtain a dancer’s permit and a business license supported its argument that the entertainers were independent contractors. Among other reasons, England ruled, “a reasonable jury could not find on this record that Plaintiffs are independent contractors of The Furnace. Therefore, Plaintiffs’ motion for summary judgment is due to be granted as to this issue.”“The parties should be prepared to discuss next steps for this case, including whether they believe magistrate-judge-led mediation would be beneficial,” England wrote.

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