The Library Gentlemen’s Club Independent Contractor Class Action Settlement

Owners of The Library Gentlemen’s Clubs in Anaheim, Westminster, and Redlands, California have agreed to pay $2.175 million to settle claims that the clubs should have treated its entertainers and performers as employees rather than independent contractors. This settlement ends allegations that the entertainers are due benefits granted to employees but not to contractors.

The court established two Classes of entertainers — a California settlement Class and an FLSA settlement Class. The Library Gentlemen’s Club wage and hour class action settlement website explains that Class Members include those individuals who performed as entertainers at the clubs and during the course of their work have “have provided topless, semi-nude and/or bikini entertainment for customers” at the clubs between July 17, 2015 and Dec. 31, 2019.

The entertainers alleged that the club owners violated both California and federal law, including the California Private Attorneys General Act and the Fair Labor Standards Act. Allegedly, many entertainers worked more than 40 hours per week in a capacity that was central to the clubs’ operations. They say that this should have qualified them to be considered employees rather than independent contractor workers.

They note that had they been considered employees, they would have been eligible for a range of benefits including applicable minimum wage and overtime, rest and meal breaks, and other benefits.

However, the entertainers say they were not given what they were due, as they were considered independent contractors. They explain that they were only compensated through tips given by club patrons. They state that they did not receive all of the tips they earned necessarily, as they were required to split their tips among the entertainers and non-tipped workers.

They say that this constituted a violation of the Fair Labor Standards Act and the Tip Income Protection Act, which prohibits the unlawful seizure of tips.

According to the entertainers, the clubs’ failure to compensate them in accordance with established minimum wage laws violates the Fair Labor Standards Act. Additionally, the law allegedly requires those employees deemed non-exempt from overtime to receive overtime pay in the amount of 1.5 times their regular rate of pay. They say that, though they regularly worked more than 40 hours per week, they were not given overtime.

They assert that their classification as independent contractor workers represented a misclassification, a growing problem in a range of industries around the country.

The gentlemen’s club owners deny these allegations, but agreed to settle the claims in the interests of avoiding continued costs and risks of litigation.

Class Members are eligible to receive between $5.52 and $11.04 in settlement benefits per qualifying workweek during the settlement period. The Library Gentlemen’s Club class action settlement website explains that this number is an estimate and a number of factors may affect the settlement benefits given to each Class Member.

Additionally, per the terms of the settlement, the clubs have agreed to treat their entertainers “performing topless, bikini, or semi-nude entertainment” as employees of Jan. 1, 2020.

The deadline to file a claim is Aug. 31, 2020. Class Members who wish to opt out or object to the settlement must do so by Aug. 20, 2020. Class Members are invited but not required to attend a fairness hearing on Oct. 26, 2020.

Who’s Eligible

Class Members include those individuals who performed as entertainers at the California clubs and during the course of their work have “have provided topless, semi-nude and/or bikini entertainment for customers” at the clubs between July 17, 2015 and Dec. 31, 2019.

Potential Award

Class Members are eligible to receive benefits of between $5.52 and $11.04 per qualifying workweek during the settlement period. The Library Gentlemen’s Club class action settlement website explains that this number is an estimate, and a number of factors may affect the settlement benefits given to each Class Member.

Proof of Purchase

N/A

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

8/31/2020

Case Name

Ashleigh Blair, et al. v. The Library Gentlemen’s Club, et al., Case No. 8:19-CV-01849-JFW-ADS, in the U.S. District Court for the Central District of California

Final Hearing

10/26/2020

Settlement Website

www.TheLibraryClubSettlement.com

Claims Administrator

Ashleigh Blair, et al., v. The Library Gentlemen’s Club, et al.
c/o KCC Class Action Services LLC
P.O. Box 43208
Providence, RI 02940-3208
1-866-507-9873
info@TheLibraryClubSettlement.com

Class Counsel

John P. Kristensen
Jesenia Anahy Martinez
KRISTENSEN LLP

Peter E. Garrell
John M. Kennedy
FORTIS LLP

Defense Counsel

Jeffrey A. Dinkin
Sean Piers
CARLSON & RAUTH PC

Join a Free California Wage & Hour Class Action Lawsuit Investigation

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

GET A FREE CASE EVALUATION NOW

Read About More Class Action Lawsuits & Class Action Settlements:

Walmart Shoppers Want COVID-19 Disability Class Action Certified

Have You Experienced a Surgical Staple Injury?

With the Boeing 737 MAX Grounded, Boeing Orders Slow

Why Are Hospital Workers Filing Ecolab Lawsuits?