Mardi Gras Responds to Class Action Complaint with Standard or Inapplicable Defenses
The Mardi Gras has filed a response to the class action wage and hour complaint filed by Attorneys Raymond Dinsmore and Richard Hayber. Their 56 affirmative defenses are, according to Attorney Dinsmore, “mostly either standard boilerplate defenses. The ones that aren’t are either spurious or inapplicable to the causes of action that we are raising.”
The complaint the Mardi Gras is responding to alleges practices in violation of wage and hour laws in the form of “fees to work” disguised as “locker rental fees” and “DJ fees.” Fees to work are prohibited by state law. A previous class action filed against the Mardi Gras, which settled in 2010, alleged a similar practice of charging dancers “house fees” in exchange for the right to work their shifts. According to Plaintiffs Leah LaRock and Sarah Chartier, the “house fee” was effectively renamed and the practice continued after the settlement.