EAST ST. LOUIS - A Washington Park adult entertainment club now faces a certified class of dancers who say they were treated unfairly.
Federal magistrate judge Mark Beatty on June 5 certified Isis Jones' lawsuit as a class action, which could lead to a possible settlement or judgment for Miss Kitty's Showgirls Club.
Jones said she and other dancers were misclassified as contractors when they were actually employees of the club. By calling them contractors, Miss Kitty's wasn't forced to pay them minimum wage, the suit says.
Jones also claims the dancers were hit with unlawful kickbacks and wage deductions, while tips and gratuities were taken in violation of federal and Illinois law.
"In this case, common questions regarding Miss Kitty’s liability clearly predominate over any potential individual questions," Beatty wrote.
"The question of whether the exotic dancers were misclassified as independent contractors is not only central to the validity of every class member’s claim, it is actually the linchpin of the entire case—Miss Kitty’s liability turns on the answer to this question."
It is more efficient to certify a class rather than have Miss Kitty's battle separate individual proceedings, he added.
"The Court also credits Plaintiff's explanation that a class action is the best way to adjudicate the controversy because the potential monetary recovery for each class member is likely too low to justify individual litigation," Beatty wrote.
Dancers Ursula Moffitt and Kristen White sued nearby Scarlett's Cabaret about a month before Jones did. They are all represented by Athena Herman of Peoria.
Jones worked at Miss Kitty's for about eight years, and the suits claim both clubs employed more than 100 exotic dancers in the previous 10 years. The dancers say they only received compensation in the form of tips paid directly from customers.
Beatty's order certified two classes: Those seeking minimum wage law compensation from April 2020 to completion of the case and those pursuing Wage Payment and Collection Law damages since April 2013.
In the case against Scarlett's, magistrate judge Reona Daly denied conditional certification of a class until the court can sort out the issue of whether an arbitration agreement the dancers signed prohibits class actions.