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Roe v. SFBSC Management, LLC

24 Wage & Hour Cas. 2d (BNA) 592 (2015)

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Roe v. SFBSC Management, LLC

United States District Court for the Northern District of California
24 Wage & Hour Cas. 2d (BNA) 592 (2015)

  • Written by Robert Cane, JD

Facts

Two anonymous exotic dancers (the dancers) (plaintiffs) worked for SFBSC Management, LLC (BSC) (defendant). The dancers and BSC executed employment contracts with arbitration clauses as was standard with BSC and all of its dancers. The arbitration clause mandated all claims be arbitrated. It also contained a provision for sharing the costs of arbitration between a dancer seeking arbitration and BSC. In addition, the employment agreement contained a waiver of the right to bring or join a class-action lawsuit. BSC did not permit dancers to take the contracts home to review. The dancers alleged that BSC had a practice of rushing dancers to sign the employment contract while mostly naked and inebriated, and the dancers alleged that they were subject to that practice when they signed their contracts. A former manager of a BSC club submitted declarations supporting the dancers’ allegations. The dancers brought an action against BSC for wage and hour violations under the Fair Labor Standards Act and state law. BSC moved to compel arbitration of the dancers’ claims before the United States District Court for the Northern District of California.

Rule of Law

Issue

Holding and Reasoning (Beeler, J.)

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