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Thread: New class action lawsuit against Deja Vu

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    Default New class action lawsuit against Deja Vu

    I just got notice of this. I'm sure plenty of you ladies got this too, right? I feel kind of confused about if I should claim my portion of the money or if there are good reasons to opt out. It's only $500 per dancer which is kind of ridiculous; that's like 3-5 nights of stage fees. But still, $500 of free money is nice. Mainly I'm worried that I may end up blacklisted from all Deja Vu clubs if I take the money. I'm currently living in a city that Deja Vu thankfully doesn't have their talons in (and probably never will, I don't think their business model would work in Portland at all), but who knows where I might end up in the future. Is this a valid concern? I knew some girls in SF who were blacklisted from the clubs there for being involved in some of the early lawsuits, but they may have taken a more active role, as in maybe they brought the lawsuits themselves and used their real names. I'm not sure.

    Any thoughts?

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    Default Re: New class action lawsuit against Deja Vu

    I work for Deja Vu, and was completely unaware of a law suit. Is there a link for it?
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    Default Re: New class action lawsuit against Deja Vu

    I got it and am opting out. For various reasons. Though I did laugh my ass off when I got the notice.

    btw....you do have to pay taxes on the money. they will give you a 1099 form and you pay taxes on the $500

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    Default Re: New class action lawsuit against Deja Vu

    So what's the lawsuit about. Everyone did not get the notice so it would have been nice of you to post it.
    I'M A HUSTLA HOMIE!!!

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    Default Re: New class action lawsuit against Deja Vu

    Yeah if you've worked at any deja vue, hustler clubs in the last year you will get one. These asshole girls who take these clubs to court for minimum wages are assholes! Wow all that for 500 bucks! They ruin it for girls who actually make money because know their likely to increase house fee's more and yeah, you wont be able to work for another deja vue hustler chain again!

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    Default Re: New class action lawsuit against Deja Vu

    Okay I found a link about it:

    http://www.dejavusettlement.com/

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    Default Re: New class action lawsuit against Deja Vu

    from the lawsuit settlement documents ...

    (snip)"In the lawsuit, PLaintiff filed suit under the pseudonym of Jane Doe, and brought her claims on behalf of all other entertainers (the “Class”). Three additional entertainers have joined the lawsuit, each of whom has also filed suit using the pseudonym of Jane Doe and collectively they, along with the original Plaintiff are referred to as Jane Doe's I-IV in this litigation and the "Plaintiffs" in this notice. The lawsuit alleges that the Defendants failed to pay minimum wages, and unlawfully confiscated tips belonging, to the Plaintiffs and to other entertainers performing at nightclubs across the country operating as “Deja Vu,” “Little Darlings,” “Showgirls,” “Larry Flynt’s Hustler Club,” “Gold Club,” “Barely Legal,” and “Dream Girls” (collectively referred to as “Deja Vu-Affiliated Nightclubs”).

    The Defendants have denied and continue to deny all of the allegations in Plaintiffs’ Complaint and have filed counterclaims against the Plaintiffs and the Class; including claims that the entertainers should be required to return the mandatory dance fees they retained if the clubs were found to owe them minimum wages.


    The Court has not made a determination of the merits of Plaintiffs’ claims, or Deja Vu’s defenses or counterclaims.

    Rather than continue to litigate these matters, the parties have reached a settlement. The monetary value of the settlement is $11.3 million dollars. Pursuant to the terms of the settlement, entertainers may elect to receive, subject to the provisions in the Settlement, either: (1) a one-time cash payment of up to $500, depending on the number of dates the entertainer performed during the class period as defined below; or (2) a “Rent Credit” of up to $1,000 based upon the number of dates performed during the Class Period. Rent Credits issued pursuant to the settlement can be used only at the last club at which an entertainer performed prior to the effective date of this settlement,(snip)


    The legal basis of this lawsuit is that DejaVu clubs treat their dancers as 'employees' rather than independent contractors ... and thus is obligated as 'employer' to pay all dancers tipped minimum wage plus provide gov't mandated employee benefits ( like workers comp and unemployment insurance ). Rather than open the employer / employee 'can of worms' and potentially face having to treat all dancers at DejaVu clubs as employees, DejaVu's corporate heads chose instead to offer a 'settlement agreement' rather than risk an actual court decision being made that their dancers are all 'employees'.

    Based on the documents posted at the lawsuit website, it appears that DejaVu is seeking responses from both the original dancers 'named' in the lawsuit plus any additional dancers in the 'class action' ... in hopes that enough dancers will accept the settlement terms such that the court will approve the settlement. If this does not go over well, and/or if the judge refuses to accept the terms of the settlement as offered, then the potential exists that the 'employee' dancer issue will be litigated and decided ... with potential lasting future consequences on all dancers at DejaVu clubs.

    The settlement document refers to one future consequence that DejaVu plans to implement if the court finds that its dancers must be treated as 'employees' i.e. minimum wage and employee benefits. That is the reduction / elimination of 'dance fees' which DejaVu dancers are currently able to retain as a result of performing private dances. In fact, if a court decision is actually made and the dancers are found to be 'employees', DejaVu has already filed a countersuit which would seek to 'recover' previously paid 'dance' fees from the dancers named in the lawsuit.

    The legal point DejaVu's attorneys are making in the countersuit is that if DejaVu dancers are judged to be 'employees' and DejaVu judged to be 'employer', then the 'employer' owns 100% of the work product of 'employees'. Or put another way, from a legal standpoint, 'employee' dancers can be required to perform private dances as a condition of their employment ... with any additional payout per dance being totally at the discretion of the 'employer'.

    Personally speaking, the $500 cash settlement offer is pretty small compared to the potential consequences of going on record as officially having worked as a 'stripper' for a DejaVu club. Settlement documents will become a matter of public record and thus potentially available to the IRS, to future straight job employer investigations, to family courts etc. And there is also a potential issue that any dancers signing up for the settlement offer may later find themselves involved in a DejaVu countersuit attempting to 'reclaim' private dance money that they were previously paid, if the settlement offer is rejected by the court. I'm actually eligible for this 'class action' settlement too, but there is NO WAY that I am going to go on public record plus expose myself to a potential future countersuit in exchange for maybe $300 in cash after taxes !

    !
    Last edited by Melonie; 02-17-2011 at 04:37 AM.

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    Default Re: New class action lawsuit against Deja Vu

    I work for Deja vu why didn't I get this??

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    Default Re: New class action lawsuit against Deja Vu

    Quote Originally Posted by michele11 View Post
    Yeah if you've worked at any deja vue, hustler clubs in the last year you will get one. These asshole girls who take these clubs to court for minimum wages are assholes! Wow all that for 500 bucks! They ruin it for girls who actually make money because know their likely to increase house fee's more and yeah, you wont be able to work for another deja vue hustler chain again!
    It didn't have to be in the last year.

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    Default Re: New class action lawsuit against Deja Vu

    Quote Originally Posted by Melonie View Post
    Personally speaking, the $500 cash settlement offer is pretty small compared to the potential consequences of going on record as officially having worked as a 'stripper' for a DejaVu club. Settlement documents will become a matter of public record and thus potentially available to the IRS, to future straight job employer investigations, to family courts etc. And there is also a potential issue that any dancers signing up for the settlement offer may later find themselves involved in a DejaVu countersuit attempting to 'reclaim' private dance money that they were previously paid, if the settlement offer is rejected by the court. I'm actually eligible for this 'class action' settlement too, but there is NO WAY that I am going to go on public record plus expose myself to a potential future countersuit in exchange for maybe $300 in cash after taxes !

    !
    Whoa, I'm so glad you're here, and that I read this. I figured it would become public record somehow. I"m shredding my document, not worth it. Thanks Melonie.

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    Default Re: New class action lawsuit against Deja Vu

    re: going on record as having worked at a deja vu....if you received the settlement papers doesn't that mean you already are on record? Also if you don't want to be involved wouldn't it be better to opt out instead of doing nothing?

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    Default Re: New class action lawsuit against Deja Vu

    if you dont opt out, you stay involved.

    a) opt out...send the form they sent you back to them filled out

    b) opt for the cash payment....send the form back for that

    c) do nothing and you get a $1000 house rent credit

    yes, you are already on record, but not as having been involved in a law suit.

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    Default Re: New class action lawsuit against Deja Vu

    yes, you are already on record, but not as having been involved in a law suit.
    It's one thing to have your 'job application' tucked away in the file of a Hustler club, or to have a 3+ year old 1099 form in old IRS files, that could be found by a whole lot of 'digging'. It's another to add your name to a list of hundreds or thousands of DejaVu corporate club dancers as a matter of current public court record that could easily be accessed by any enterprising IRS investigator.

    And yes becoming a 'party' to this class action lawsuit by claiming any of the settlement options also potentially exposes you to a future DejaVu countersuit to force dancers to 'pay back' private dance money you were 'incorrectly' paid in the past ( as 'employees' ) if the proposed settlement agreement self-destructs and the case against DejaVu winds up being litigated in favor of the dancers who are seeking 'employee' status thus back pay for minimum wages. But on the flip side, if this case winds up being letigated in favor of the dancers, then the 'class action' participate dancers potentially have an open door towards receiving much more than $500 in retroactive minimum wage paychecks covering however months or years they actually worked for a DejaVu corporation club ! However, I wouldn't get hopes up, because if the latter happens then DejaVu will definitely file a countersuit to avoid actually having to pay out retroactive minimum wage paychecks.


    It didn't have to be in the last year.
    If I remember correctly, any dancer who worked for DejaVu all the way back to 2005 is covered under the 'class action'

    ~
    Last edited by Melonie; 02-17-2011 at 10:33 AM.

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    Default Re: New class action lawsuit against Deja Vu

    So melonie would you recommend opting out or doing nothing? Do you think opting out puts your somehow "on record"?

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    Default Re: New class action lawsuit against Deja Vu

    just my personal opinion, but if you are not 'named' already in the lawsuit, and you haven't received the settlement form, don't do anything.

    Sending in the form electing to opt out will definitely place your name in the public record. Sending in the form electing not to opt out will also place your name in the public record. Not sending in a form more or less leaves you out of the settlement / court case proceeding UNLESS you received an unsolicited form in the mail ( meaning that DejaVu's attorneys have already extracted your name from club records in order to send you the unsolicited form thus you're already in the public record ).

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    Default Re: New class action lawsuit against Deja Vu

    i'm more concerned about the measly $500. how much money are the lawyers making off this suit? $500 is lovely and all that, but i would think that putting our asses on the line and risking irs investigation would be worth more than that. surely, the law firm that took this case knows that deja vu fights dirty. we signed contracts that said if we participated in a class action suit, they would sue us back. not to mention it's rather easy to get flagged by the irs, so i think these lawyers either need to offer a better settlement for the dancers who agree to participate or get the fuck out of here with that bullshit.

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    Default Re: New class action lawsuit against Deja Vu

    I've worked for Deja Vu chains on and off since '05 and haven't received anything. If I did, I would do nothing. Less chance of the courts or IRS getting involved in my personal business that way. I don't like all the fees DV hits the girls with at all, but neither do I want to be named an employee nor do I want a measely $500 as compensation. I've paid out WAY over that to DV. If I was to opt in it would have to be for far more than that.
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    Default Re: New class action lawsuit against Deja Vu

    The paper work says if you don't mail in the opt out form by March 20, 2011 you will automatically be a member of the class. Just because you opt in for the $500 that does not mean you will get the money or credits any time soon. People with lots of money can afford to delay. I'm sorry, but that is just a reality of life. How will you get a job at any club if you are part of this class action?
    Where I live we have to have a business license anyways so the IRS already knows. I got a 1099 from my last club this year and last year. I was too afraid to go into work because of what happened out here last year anyways so I did not make much. If you work a lot and make a lot of then it's not a big deal to pay taxes because you can take deductions.
    The club where I work allows people to come in early so you don't have to pay a house fee. They will allow you to stay longer than six hours if you don't make enough money. I have not paid a single house fee. I am sending in the opt out form. We have really bad unemployment out here. I can not afford to be blacklisted over $500 for house fees that I've never paid anyways. Not to take anything away from what ever suffering those girls may have endured. It is their right to sue if they feel they have been wronged.
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    Default Re: New class action lawsuit against Deja Vu

    Oh shit, I"m reading the form now. I did receive it unsolicited, haven't worked for a DejaVu club in years. They have my last name and former address on the forms for Payment and Opt Out.

    What do I do? I guess I have to opt-out? They already have my info, the IRS knows I've worked there and I've reported my earnings, turned in full taxes every year, etc.

    I just don't want to have my name pop up associated w this case when someone Googles me. I don't plan on any high security clearance jobs, but I don't want this on my basic background record.

    What to do?

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    Default Re: New class action lawsuit against Deja Vu

    They have my last name and former address on the forms for Payment and Opt Out.

    What do I do? I guess I have to opt-out? They already have my info, the IRS knows I've worked there and I've reported my earnings, turned in full taxes every year, etc.

    I just don't want to have my name pop up associated w this case when someone Googles me. I don't plan on any high security clearance jobs, but I don't want this on my basic background record.

    What to do?
    Since you received the unsolicited form, odds are that your name and personal details are already part of the court case public record. Thus it really won't matter much if you opt to settle or not.

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    Default Re: New class action lawsuit against Deja Vu

    got one for ricks too. I threw both of them away. I hope I dont get black listed because I didn't opt out.. That's ridiculous they're soliciting girls just so they get a bigger payout. I would think you would have to meet with lawyers and sign papers to be involved? Not they just involve you

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    Default Re: New class action lawsuit against Deja Vu

    If you threw away the Deja Vu forms you will be automatically included. I don't know about Ricks.
    Deja Vu has already settled on 11,2oo,ooo for the suit. The law firm will be paid a max of around 3,700,000 of that amount and they will try to get another award of 3,500,000 from the court. The 14 Does will split 100,000 and of that they it looks like they will pay 31% to the attorneys plus what ever is required on their 1099 misc from the government.
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    Default Re: New class action lawsuit against Deja Vu

    got my forms today. yay.... so I guess Im gonna opt out.
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    Default Re: New class action lawsuit against Deja Vu

    well if i already got the forms, im already on public record, so i might as well just get some cash for it then... right?


    fuuuucckkkkkkkkkkk

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    Default Re: New class action lawsuit against Deja Vu

    This is such bullshit. Why should everyone who has worked there in the past 6 years have to sit here going "Uhhh... what the fuck is this form? what do I do? Do I opt out or do nothing?" because of them?
    Quote Originally Posted by camille27 View Post
    i am losing my fucking mind and i really just want this chloroform dream because i think that would just get me right with jesus.

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