Stevenson v. The Great American Dream, Inc., No. 1:12-CV-3359-TWT, 2013 U.S. Dist. LEXIS 181551 (N.D. Ga. Dec. 31, 2013)

(plaintiff class, current and former adult entertainers at defendant nightclub, claimed employee status (rather than independent contractor status) under Fair Labor Standards Act (FLSA) so as to be entitled to minimum wages and overtime compensation; court held that plaintiffs were "employees" under FLSA based on multiple factors - defendant exercised great degree of control over plaintiffs including standards for work "attire" and conduct on stage and that DJ would select music that would be performed to, and rules were enforced; no equal sharing of profit and loss opportunities - club bore overhead costs and both risk of loss and potential for profit greater for defendant; defendant invested more than plaintiffs on personnel and equipment; plaintiffs required little skill and no formal training required - court noted that, "Taking your clothes off on a nightclub stage and dancing provocatively are not the kinds of special skills that suggest independent contractor status"; plaintiffs' services were integral part of defendant's business; transient nature of workforce insufficient to invalidate employee status under FLSA).