Mays v. Midnite Dreams, Inc.

The district court did not err in finding that Elizabeth Mays, an exotic dancer with Midnite Dreams, Inc., doing business as Shaker’s, was an employee entitled to compensation under the Federal Labor Standards Act (FLSA), 29 U.S.C. 201, and the Wage and Hour Act (WHA), Neb. Rev. Stat. 48-1201 et seq., but the court erred in granting Mays relief under the FLSA and the Nebraska Wage Payment and Collection Act (NWPCA), Neb. Rev. Stat. 48-1228 et seq.Mays filed a complaint seeking unpaid wages, liquidated damages, and attorney fees and costs under FLSA and Nebraska law. The trial court determined that Mays was entitled to a full minimum wage rate and that Defendants were jointly and severally liable for $7,586.78 in damages for unpaid wages. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court correctly determined that Mays was an employee entitled to a minimum wage under the WHA, but Mays was entitled to only the minimum wage amount for tipped employees; and (2) the court erred in ruling that Mays was entitled to relief under the FLSA and the NWPCA. View "Mays v. Midnite Dreams, Inc." on Justia Law