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The worker is free from the control and direction of the hiring entity in connection with the performance of the work. In its unanimous April 2018 Dynamex decision, the state Supreme Court adopted a so-called ABC test featuring three factors an employer must establish to demonstrate a worker is properly classified as an independent contractor.
The suit alleged that under both the Dynamex decision and the federal Fair Labor Standards Act, the dancers had been miscast as independent contractors. One of four initial class representatives, who were all unnamed, was a dancer who had performed at Deja Vu Showgirls in San Diego. The class-action lawsuit filed against Deja Ju Services last May in San Diego Superior Court was brought on behalf of exotic dancers at Deja Vu-affiliated clubs statewide. It even prompted Daniels, an adult entertainer best known for her claimed affair with President Donald Trump, to publicly advocate for allowing strippers to remain independent contractors. Meanwhile, legislation introduced by Assemblywoman Lorena Gonzalez of San Diego to codify the court’s decision has already sparked plenty of public discussion and drawn the ire of business groups.
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The case, filed in late January, could be a harbinger of similar suits to come as companies grapple with how to comply with the California Supreme Court’s 2018 Dynamex decision that makes it more difficult to classify workers as independent contractors. Liss-Riordan also represents dancers in a new class-action suit filed in San Diego claiming that even though Deja Vu clubs have now made their dancers employees, they retaliated against them for their prior legal activities by drastically cutting their pay. They have done so in part through lawsuits asserting exotic dancers should be treated as employees rather independent contractors, and San Diego Superior Court has been one key venue for the litigation seeking to expose strip clubs’ alleged unlawful practices.Ī class-action complaint filed here last year targeted alleged worker misclassification by Las Vegas-based Deja Vu Services Inc., which operates dozens of strip clubs nationwide, including Deja Vu Showgirls on Midway Drive.Ī judge rejected a settlement of that case in late 2018 after Shannon Liss-Riordan, an attorney who’s taken on prominent gig-economy companies, objected on behalf of dancers to what she alleged would be a paltry payout to the entertainers. Strippers, including Stormy Daniels, have strutted to the forefront of the vibrant worker classification debate in California. The Deja Vu Showgirls San Diego strip club / Photo by Adriana Heldiz
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