Rubin Shulman and Jackson Lewis LLP defeat Class Certification in Class Action Wage & Hour Litigation
On July 21, 2009, the Hennepin County District Court (Minneapolis, Minnesota) denied class certification to a group of adult entertainers, waitresses and floormen in a Minnesota Fair Labor Standards Act claim. This ruling stems from a lawsuit filed in December of 2007 by a group of former employees of a well known adult entertainment facility located in Minneapolis, Minnesota which is owned by publically traded chain of adult clubs. In the lawsuit, Plaintiffs claimed that they were systematically denied gratuities and had unlawful deductions made to their payroll, which Plaintiffs alleged resulted in numerous wage and hour violations. After vigorously contesting the factual predicate of the Plaintiffs claims, the firm and its co-counsel were able to obtain summary judgment and the complete dismissal of the parent company. With the denial of class certification, the potential number of Plaintiffs has been reduced from in excess of 1400 current and former employees to the 7 named Plaintiffs only.