Top Class Actions  |  June 24, 2021

Category: Closed Class Actions

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A dancer's feet in heels are shown near a pole at a gentlemen's club - Northern Gentlemen’s Club - Ferny Properties
(Photo Credit: Aleksandr Rybalko/Shutterstock)

Entertainers at The Northern Gentlemen’s Club in Fargo, North Dakota, may be entitled to a payment thanks to a $200,000 class action settlement agreement.

The Class is defined as all entertainers who performed at Ferny Properties LLC, doing business as The Northern Gentlemen’s Club, between Sept. 19, 2015, and April 5, 2021.

The class action lawsuit was filed by two entertainers who allege they and others were misclassified as non-employees. They claimed the company failed to pay them the minimum wage and unlawfully confiscated their tips.

Allegedly, these actions violated North Dakota wage and hour laws, as well as the federal Fair Labor Standards Act (FLSA).

Ferny Properties has denied all the allegations.

The Court has not ruled in either party’s favor in this case. Both parties have agreed to the settlement rather than continue with litigation.

Each Class Member will be eligible to receive an equal share of the $200,000 cash pool, which will be divided into two funds.

The Equal Distribution Fund will consist of one-third of the cash pool; the remaining two-thirds will make up the Proportional Distribution Fund.

Payments will be made after attorneys’ fees and other expenses are deducted.

Class Members must file a claim in order to receive a payment.

In addition to the monetary relief, the defendants have agreed to make certain procedural and policy changes, including allowing dancers to make bookings via phone, text, or email, adhering to certain customer charges, and not requiring a certain shoe heel minimum height, among others.

A final hearing in the Northern Gentlemen’s Club FLSA settlement is scheduled for Sept. 27, 2021.

Claims must be submitted by July 26, 2021.

Who’s Eligible

All entertainers who performed at Ferny Properties LLC, doing business as The Northern Gentlemen’s Club, between Sept. 19, 2015, and April 5, 2021.

Potential Award

Varies.

Each Class Member will be eligible to receive an equal share of the $200,000 cash pool, which will be divided into two funds.

The Equal Distribution Fund will consist of one-third of the cash pool; the remaining two-thirds will make up the Proportional Distribution Fund.

Proof of Purchase

No proof of purchase is necessary.

Claim Form

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

07/26/2021

Case Name

Jill T., et al. v. Ferny Properties LLC, et. al., Case No. 3:18-cv-00190 in the U.S. District Court for the District of North Dakota

Final Hearing

09/27/2021

Claims Administrator

ND FLSA Settlement
P.O. Box 2002
Chanhassen MN 55317-2002
1-855-716-1621
info@NorthernGentlemanDancerFLSAsettlement.com

Class Counsel

Edward W. Ciolko
CARLSON LYNCH LLP

Defense Counsel

Matthew J. Hoffer
SHAFER & ASSOCIATES PC

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.