By Sam Daheim
On May 11, 2016, the Fourth Circuit held in McFeeley v. Jackson Street Entertainment, t that exotic dancers who worked at two exotic dance clubs in Prince George’s County, Maryland, were employees of the clubs as opposed to independent contractors. Therefore, the clubs were legally obligated to comply with the federal Fair Labor Standards Act (FLSA), and the corresponding Maryland wage and hour laws in regard to their dancers.
The plaintiffs in McFeeley were exotic dancers who worked at “Fuego” and “Extasy.” They alleged that the clubs misclassified them as independent contractors, rather than club employees, and accordingly failed to pay them the minimum wage required by the FLSA and the Maryland Wage and Hour Law (MWHL).