Case: Wage & Hour/Independent Contractors (S.D.N.Y.)

A New York federal district court denied summary judgment to RCI Hospitality Holdings, Inc. and affiliated gentlemen’s clubs on claims brought by restroom attendants under the Fair Labor Standards Act and New York Labor Law, finding genuine disputes of material fact as to whether the attendants were employees rather than independent contractors based on evidence that the clubs exercised significant control over their work, had a dominant opportunity for profit, and that the attendants had limited investment and skills while being integral to the business.

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