United States District Court, W.D. Oklahoma
URIKA DEAN, on behalf of herself, and all others similarly situated, Plaintiff,
MICHAEL BILLINGS d/b/a MIDWAY ISLAND, and MIDWAY ISLAND, LLC, Defendants.
MILES-LaGRANGE UNITED STATES DISTRICT JUDGE
the Court is Defendant Michael Billings' Amended Motion
to Dismiss, filed March 8, 2017. On March 28, 2017, plaintiff
responded. No reply has been filed. Based on the parties'
submissions, the Court makes its determination.
filed this action against defendants Michael Billings d/b/a
Midway Island (“Billings”) and Midway Island, LLC
(collectively “Defendants”) on behalf of herself
and others similarly situated alleging Defendants violated
the Fair Labor Standards Act (“FLSA”) and the
Oklahoma Minimum Wage Act. Plaintiff was employed by
Defendants from June 2013 through February 2014, as an exotic
dancer at Midway Island, a club located in Oklahoma City.
Plaintiff alleges that Defendants deprived plaintiff, and
others similarly situated, of compensation through the
following practices, decisions or plan:
(a) Requiring adult entertainers and other employees to
perform work without compensation;
(b) Requiring adult entertainers and other employees to
perform work without compensation during times for which they
could not receive tips;
(c) Refusing to compensate adult entertainers one and one
half times minimum wage when their total hours worked exceed
(d) Requiring adult entertainers to share tips with
non-tipped employees; and
(e) Requiring adult entertainers to pay fees for the right to
Compl. ¶¶ 12. Further, plaintiff alleges that
Defendants misclassified all adult entertainers at Midway
Island as independent contractors but established specific
work schedules, dictated the specific times and manner in
which the adult entertainers interacted with customers and
danced on stage, and required the adult entertainers,
including plaintiff, to wear specific types of attire while
performing. Additionally, plaintiff alleges Defendants
required the adult entertainers, including plaintiff, to pay
a house fee or bar fee to qualify to work a given shift, and
a disc jockey fee. Plaintiff alleges the amount of the fees
varied from night to night, event to event.
further alleges that adult entertainers, including plaintiff,
were to pay a percentage of all gratuities received back to
Midway Island, which constituted an illegal tip sharing
arrangement with non-tipped employees and represented an
illegal kickback within the meaning of the FLSA. Plaintiff
also alleges Defendants never paid the adult entertainers,
including plaintiff, any amount of wages and their sole
source of work-related income during their employment with
Defendants was gratuities received from paying customers.
Plaintiff alleges that Defendants knew or should have known
that misclassifying plaintiff as an independent contractor
instead of the appropriate employee designation was a
violation of the FLSA.
now moves this Court to dismiss this matter against him,
pursuant to Federal Rule of Civil Procedure 12(b)(6), for
failure to state a claim upon which relief can be granted
Standard for Dismissal
the standard for determining whether to dismiss a claim
pursuant to Federal Rule of Civil Procedure 12(b)(6), ...