Re: Class Action... or, "How To F*** Yourself But Good In One Easy Step"
Assuming, arguendo, this foolishness is prosecuted through to the point of completion (or, for that matter, to the point required to obtain approval of any proposed settlement from the Court), these clowns will have compiled a lengthy list of dancers who've worked there by name, address, SSN, and dates worked, and elicited more than enough sworn testimony re average earnings for the IRS to be able impute same to each and every one of them...
Gee, wonder if it'll occur to them to run the list and compare with declared income? Naahhhh....::)
Re: Class Action... or, "How To F*** Yourself But Good In One Easy Step"
Quote:
Originally Posted by GnBeret
Assuming, arguendo, this foolishness is prosecuted through to the point of completion (or, for that matter, to the point required to obtain approval of any proposed settlement from the Court), these clowns will have compiled a lengthy list of dancers who've worked there by name, address, SSN, and dates worked, and elicited more than enough sworn testimony re average earnings for the IRS to be able impute same to each and every one of them...
Gee, wonder if it'll occur to them to run the list and compare with declared income? Naahhhh....::)
Not a problem....plaintiff's bar ain't no fool...
Although the only Court doc I've seen on this was the anouncement, and obviously anyone affected by this should contact counsel of their own as well as Plaintiff's counsel in the case....
a) it appears that under the terms of the class certification, the identity of all class members remains confidential and under seal, available only to counsel for the parties and the Court. Any portions of testimony, discovery responses such as interrogatories, or related information would be under seal. This is generally standard practice in many class actions dealing with employment and medical issues (at least in Cali).
b) tax return privilege applies, barring any abuses of these documents, should they even be determined discoverable, which is doubtful. This is a strong precedent in California, and rarely does anyone even ask for this info outside of divorce cases.
c) California has a Constitutional right to privacy, with now thirty years of case law firmly establishing the privacy umbrella over a wide array of personal information, including employment information. Collateral abuses of the courts by third parties either for information gathering or repression is clearly against public policy in Cali under the same theory behind our anti-SLAPP statute. California leads the nation in privacy rights policy:
http://californiadiscovery.findlaw.com/privacy.htm
Specifc case law on employment records:
http://californiadiscovery.findlaw.c...htm#EMPLOYMENT
This information is out of reach to both the FTB and the IRS. My only concern would be Homeland Security, but frankly, we're safe nowhere from these clowns.
Again, Gnberet and I have no personal association with the case, and our comments are general observations, not advice. Anyone that may or could be a class member should get local counsel.
[I'm sure you meant to add this disclaimer....gb;) ]
Re: Class Action... or, "How To F*** Yourself But Good In One Easy Step"
NO NO NO, don't discourage those women from standing up to their former employer!
If information surfaces during a trial about a witnesses income tax (evasion), those statments are impossible to subpoena or to otherwise use to prosecute the witness.
Also, the IRS is always reluctant to audit / pursue someone whose finances had been disclosed in court, for fear that the IRS investigation had its genesis at the initial hearing where the information was first disclosed.
So actually I can't wait to be a witness one day and get questioned about my taxes, because then the testimony is a great shield from the IRS ;-)
Re: Class Action... or, "How To F*** Yourself But Good In One Easy Step"
Aja... go ahead and put your business in the street like that for what will at best be a modest recovery. Risk vs. reward. And, the ONLY people who stand to be rewarded handsomely in this one are the plaintiffs' attorneys.
Re: Class Action... or, "How To F*** Yourself But Good In One Easy Step"
Hey in a nut shell what exactly is going on? I didn't bother to read the whole link. Who is suing who for what?
Re: Class Action... or, "How To F*** Yourself But Good In One Easy Step"
Quote:
Originally Posted by Foxey
Hey in a nut shell what exactly is going on? I didn't bother to read the whole link. Who is suing who for what?
This is not advice, just a random, stupid bullshit internet opinion. If affected by this lawsuit, seek local counsel...
That said. SF club dancers (2000-2004) are suing club for back wages based on status as employees vs. IC's. Summary of damages being sought (for every member/entertainer of the Class):
All damages are for the total accrued over the period of employment at the club.
Backpay for lost hourly wages (minimum wage).
All dance fee house percentage deductions, as illegal tip deductions.
All stage fees as illegal tip/wage deductions.
All tip-out fees as illegal tip deductions.
Reasonable costs for all costumes, makeup, and shoes worn during employment as entertainer.
Other damages as compensation for illegal stripping ;) of labor rights.
Punitive damages as punishment for malicious and intentional acts.