Santa Barbara Hospitality Exotic Dancer Class Action Settlement

Entertainers who were classified as independent contractors at adult clubs across the country can claim their share of a $5.5 million class action settlement over allegations of California and federal employment law violations.

The lead plaintiff, a woman who worked as an exotic dancer at the Spearmint Rhino gentlemen’s club, alleged in her class action lawsuit that she and other entertainers were forced to work for tips and denied rights under California employment laws because they were classified as independent contractors.

The plaintiff alleged that the pay worked out to less than minimum wage because she and others were forced to share their tips with the managers. Further, alleged the class action, entertainers were denied rest and meal breaks and overtime pay.

The class action alleged Santa Barbara Hospitality Services, which owns and operates a number of gentlemen’s clubs across the nation, violated California employment laws and the federal Fair Labor Standards Act.

The company denies the class action allegations, but has agreed to pay $5.5 million to settle the claims. Class Members can receive between $6.92 to $11.93 for each day they worked during the Class Period; alternatively, Class Members can receive double the amount in credit for overhead payments at the club.

The gentlemen’s clubs covered by the settlement agreement include the Spearmint Rhino, Blue Zebra, and Dames N Games in the states of California, Idaho, Iowa, Florida, Kentucky, Minnesota, Oregon and Texas. Class Members include those who performed as an entertainer at any of the clubs and fall within a subclass described on the settlement website.

Class Members can object to the settlement or exclude themselves from it by submitting a written request no later than Feb. 2, 2018.

Who’s Eligible

You may be part of the settlement if you performed as an entertainer at any of the Clubs and fall within at least one of the following subclasses:

(1). “California Settlement Class”: the individuals who worked as entertainers and who have provided nude, semi-nude and/or bikini entertainment for customers at one or more of the Clubs owned by the following entities at some point during the period of time from February 3, 2013 up to and including the entry of the Preliminary Approval Order: City of Industry Hospitality Venture, Inc. (Spearmint Rhino – City of Industry, CA); Farmdale Hospitality Services, Inc. (Blue Zebra – North Hollywood, CA); Inland Restaurant Venture I, Inc. (Spearmint Rhino – Van Nuys, CA); Midnight Sun Enterprises, Inc. (Spearmint Rhino, Torrance, CA); Olympic Avenue Venture, Inc. (Spearmint Rhino, Los Angeles, CA); The Oxnard Hospitality Services, Inc. (Spearmint Rhino, Oxnard, CA); Rialto Pockets, Incorporated (Spearmint Rhino, Rialto, CA); Rouge Gentlemen’s Club, Inc. (Dames N Games, Van Nuys, CA); Santa Barbara Hospitality Services, Inc. (Spearmint Rhino, Santa Barbara, CA); Santa Maria Restaurant Enterprises, Inc. (Spearmint Rhino, Santa Maria, CA); and Washington Management, LLC (Dames N Games, Los Angeles, CA).

(2) “Florida Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by WPB Hospitality, LLC from February 3, 2012 to the entry of the Preliminary Approval Order.

(3) “Idaho Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by L.C.M., LLC from February 3, 2014 to the entry of the Preliminary Approval Order.

(4) “Iowa Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Sarie’s Lounge, LLC and World Class Ventures, LLC from February 3, 2014 to the entry of the Preliminary Approval Order.

(5) “Kentucky Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Kentucky Hospitality Venture, LLC from February 3, 2014 to the entry of the Preliminary Approval Order.

(6) “Minnesota Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Nitelife, Inc. from February 3, 2014 to the entry of the Preliminary Approval Order.

(7) “Oregon Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Wild Orchid, Inc. from February 3, 2014 to the entry of the Preliminary Approval Order.

(8) “Texas Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by High Expectations Hospitality Venture, LLC from May 3, 2014 to the entry of the Preliminary Approval Order.

(9) “FLSA Settlement Class”: the individuals who are members of the California, Idaho, Iowa, Florida, Kentucky, Minnesota, Oregon and Texas Settlement Classes who elect to participate in the Settlement and timely submit a Valid Claim Form.

(10) “Intervenor Class”: the individuals who currently perform as members of limited liability companies at any Existing Clubs and wish to perform and remain classified as Owners or LLC Members and not as employees.

Potential Award

$6.92 and $11.93 cash payment per dance day. Class Members who elect to receive credit will be awarded double that amount.

Proof of Purchase

The Claim Form requires social security and driver’s license numbers along with work history at qualifying clubs.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

2/2/2018

Case Name

Byrne v. Santa Barbara Hospitality, Inc., Case No. 5:17-cv-00527, and Bracy v. DH Hospitality Van Nuys LLC, et al., Case No. 5:17-cv-00854, both in the U.S. District Court for the Central District of California

Final Hearing

3/5/2018

UPDATE: On December 14, 2018, the Santa Barbara Hospitality Exotic Dancer Class Action Settlement was granted final approval.  However, on January 11, 2019, an appeal was filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

Settlement Website

www.SantaBarbaraHospitalityServicesSettlement.com

Claims Administrator

Lauren Byrne v. Santa Barbara Hospitality Inc., et al.
& Jenetta L. Bracy v. DG Hospitality Van Nuys LLC, et al.
Settlement Administrator – Kurtzman Carson Consultants
P.O. Box 40417
Louisville, KY 40204
866-644-9959

Class Counsel

Todd Slobin
Ricardo J. Prieto
SHELLIST LAZARZ  SLOBIN LLP

Melinda Arbuckle
BARON & BUDD PC

Salvatore C. Badala
Paul Maslo
NAPOLI SHKOLNIK PLLC

Defense Counsel

Peter E. Garrell
John M. Kennedy
GARRELL LAW PC

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

GET A FREE CASE EVALUATION NOW