9th Circ. Revives Exotic Dancers' FLSA Suit Against Club

Law360 (August 16, 2019, 8:03 PM EDT) -- The Ninth Circuit on Friday revived a Fair Labor Standards Act suit brought against an Arizona strip club by exotic dancers who claim they were not paid, ruling that the question of whether the women are employees or independent contractors should be determined later in the proceedings.

In a unanimous, published decision penned by U.S. Circuit Judge A. Wallace Tashima, the panel said that the FLSA’s provision relating to employment status is non-jurisdictional and therefore should be decided on merit through summary judgment or through a trial.

“Courts have not historically treated the employment status provision as jurisdictional,” the panel said....

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