The U.S. Court of Appeals for the Third Circuit has reinstated a suit claiming that exotic dancers at a men’s club have been wrongly classified as independent contractors.
The court said in a published decision Thursday that an arbitration clause in a signed employment contract does not govern statutory wage-and-hour claims. The court reached its conclusion based on a finding that Moon v. Breathless resembles two New Jersey Supreme Court cases in which arbitration clauses were defeated, Garfinkel v. Morristown Obstetrics & Gynecology Associates and Atalese v. U.S. Legal Services.
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