Round and round: technical conclusion to an exotic dance

An exotic dancer’s wage and hour complaint against her employer was ultimately resolved after dueling arguments over which party lost track of the clock and who waived their right to challenge an arbitration decision. The court gives a clear answer to this puzzle.

Are exotic dancers employees or independent contractors?

Between June 2016 and May 2017, Aisha Darby worked as an exotic dancer at the Xposed Gentlemen’s Club in Canoga Park, California. In her “entertainment agreement,” she agreed to arbitrate “any controversy, dispute, or claim . . . arising out of this agreement.” At the time, the club was owned and operated by Sisyphian, LLC.

In January 2018, Darby sued Sisyphian for:

• Failure to pay minimum wage;
• Failure to pay overtime wages;
• Failure to pay wages for missed meal periods;
• Failure to pay wages for missed rest breaks;
• Waiting time penalties;
• Failure to provide accurate wage statements; and
• Unfair competition.

In May 2018, the trial court granted Sisyphian’s request to compel arbitration of Darby’s claims.