LAURA MCFEELEY, On Behalf of Herself and All Others Similarly situated, a/k/a Dynasty; DANIELLE EVERETT, a/k/a Jasmine; CRYSTAL NELSON; DANNIELLE ARLEAN MCKAY; JENNY GARCIA; PATRICE HOWELL,
and EBONY WASHINGTON; FERRIS PACE; SHANIEKA DANIELS; SCHARLENE ALUGBUO; NICOLE PRECIOUS GRAY; TARSHEA JACKSON; CLEMENTINA IBE, as personal representative of the Estate of Scharlene Alugbuo,
v.
JACKSON STREET ENTERTAINMENT, LLC, d/b/a Fuego Exotic Dance Club, d/b/a Club Extasy Exotic Dance Club; RISQUE, LLC, d/b/a Fuego Exotic Dance Club; QUANTUM ENTERTAINMENT GROUP, LLC, d/b/a Fuego Exotic Dance Club; NICO ENTEPRISES, INC., d/b/a Fuego Exotic Dance Club; XTC ENTERTAINMENT GROUP, LLC, d/b/a Fuego Exotic Dance Club; UWA OFFIAH
US Court of Appeals for the Fourth Circuit, Wilkinson, June 8, 2016,
Labor – Employment Law – Exotic dancers, under the facts of this case, are to be classified as employees and not independent contractors

An “exotic dance club could [not] function, much less be profitable, without exotic dancers.”

Schultz Factors:
(1) [T]he degree of control that the putative employer has over the manner in which the work is performed;
(2) the worker’s opportunities for profit or loss dependent on his managerial skill;
(3) the worker’s investment in equipment or material, or his employment of other workers;
(4) the degree of skill required for the work;
(5) the permanence of the working relationship;
(6) the degree to which the services rendered are an integral part of the putative employer’s business.