JOHNSON v. VCG HOLDING CORP.

No. 1:10-cv-00442-JAW.

845 F.Supp.2d 353 (2012)

Ernest E. JOHNSON, III and Brian S. Prindle, Plaintiffs, v. VCG HOLDING CORPORATION, Defendant.

United States District Court, D. Maine.

March 9, 2012.


Attorney(s) appearing for the Case

Donald F. Fontaine, Law Office of Donald F. Fontaine, Portland, ME, for Plaintiffs.

Allan S. Rubin, Jackson Lewis LLP, Southfield, MI, Matthew D. Freeman, Jackson Lewis LLP, Boston, MA, Paul Decamp, Jackson Lewis LLP, Reston, VA, for Defendant.


ORDER ON MOTIONS FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR., Chief Judge.

The corporate and employment structure of adult entertainment nightclubs is occasionally exotic. The Plaintiffs, emcees who worked at a Defendant-owned nightclub, contend that their tips from dancers, who are independent contractors, should not count for purposes of the Federal Labor Standards Act. Despite determining that the record raises genuine issues of material fact as to whether...

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