McFEELEY v. JACKSON STREET ENTERTAINMENT, LLC

No. 15-1583.

825 F.3d 235 (2016)

Laura McFEELEY, On Behalf of Herself and All Others Similarly situated, a/k/a Dynasty; Danielle Everett, a/k/a Jasmine; Crystal Nelson; Dannielle Arlean McKay; Jenny Garcia; Patrice Howell, Plaintiffs-Appellees, and Ebony Washington; Ferris Pace; Shanieka Daniels; Scharlene Alugbuo; Nicole Precious Gray; Tarshea Jackson; Clementina Ibe, as personal representative of the Estate of Scharlene Alugbuo, Plaintiffs, v. JACKSON STREET ENTERTAINMENT, LLC, d/b/a Fuego Exotic Dance Club, d/b/a Club Extasy Exotic Dance Club; Risque, LLC, d/b/a Fuego Exotic Dance Club; Quantum Entertainment Group, LLC, d/b/a Fuego Exotic Dance Club; Nico Enterprises, Inc., d/b/a Fuego Exotic Dance Club; XTC Entertainment Group, LLC, d/b/a Fuego Exotic Dance Club; Uwa Offiah, Defendants-Appellants. Secretary of Labor, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 8, 2016.


Attorney(s) appearing for the Case

ARGUED: Michael Lloyd Smith , Smith Graham & Crump, LLC, Largo, Maryland, for Appellants. Gregg Cohen Greenberg , Zipin, Amster & Greenberg, LLC, Silver Spring, Maryland, for Appellees. Katelyn Jean Poe , United States Department of Labor, Washington, D.C., for Amicus Curiae. ON BRIEF: Michael K. Amster , Zipin, Amster & Greenberg, LLC, Silver Spring, Maryland, for Appellees. M. Patricia Smith , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, Paul L. Frieden , Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for Amicus Curiae.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Gregory and Judge Diaz joined.


In this case, exotic dancers have sued their dance clubs for failure to comply with the Fair Labor Standards Act and corresponding Maryland wage and hour laws. The district court held that plaintiffs were employees of the defendant companies and not independent contractors. The...

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