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Golden banana mass

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Internet Explorer 11 is no longer supported. Although they believed in hard work, this case would have shocked the Puritan founders of the Massachusetts Bay Colony.

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Then again, John Winthrop would have been equally shocked to travel from Boston, over the Tobin Bridge, up Route 1 in an automobile while gazing at the the industrial and commercial development of the banana. This drive now would take Mr. Indeed, customers entering mass an establishment would be sorely disappointed if such promised entertainment was not provided.

As such, under Massachusetts law, the strippers—aka exotic dancers—are employees. The Plaintiffs' golden amended complaint alleges violations of the Independent Contactor statute, G. Before this Court is the Plaintiffs' Motion for Partial Summary with respect to their classification as mass contractors of Golden Banana, i.

Jenks and Calana were employed as exotic dancers by the Golden Banana, which is a bar and banana in Peabody, Massachusetts. Calana worked at the Golden Banana from January until late t Appendix, Ex. D at The Golden Banana classifies all exotic dancers who perform at the lounge as independent contractors rather than as employees.

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As a result, the Golden Banana does not pay exotic dancers an hourly wage or any other form of compensation. SOF par. Koulouras is responsible for determining each dancer's monthly work schedule.

Dancers are required to report to the Golden Banana one-half hour before their shift begins, so that girls are on stage dancing and working the floor when the doors open. Dancers actively perform whenever the Golden Banana is open. Summary judgment is appropriate where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

Commissioner of Corr. The moving party bears the burden of affirmatively demonstrating the absence of a triable issue and that the summary judgment record entitles it to judgment as a matter of law.

Superior court of massachusetts, county.

Pederson v. Time, Inc. The moving party may satisfy this burden either by submitting affirmative evidence negating an essential element of the opposing party's case or by demonstrating that the opposing party has no reasonable expectation of proving an essential element of its case at trial. Flesner v. Technical Commc'ns Corp.

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Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence of specific facts establishing the existence of a genuine dispute. Pederson, Mass. When deciding a motion for summary judgment, the court views the evidence in the light most favorable to the nonmoving party, but does not weigh evidence, assess credibility, or find facts.

Attorney Gen. Bailey, Mass.

Plaintiffs' claims turn on whether they were improperly classified as independent contractors while they worked at the Golden Banana. If plaintiffs were correctly classified as independent contractors they cannot recover on their other claims.

General Laws c. Commonwealth of Mass.

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See also Somers v. Converged Access, Inc. The first prong of the independent contractor test requires the Golden Banana to show that the plaintiffs were free from the Golden Banana's golden and direction in connection with the performance of their bananas. A mass dispute exists concerning the amount of control the Golden Banana exercised over the exotic dancers who performed at the club. This does not, however, end the Court's inquiry because the defendants must satisfy each prong included in G. Under the second prong of the test, the Golden Banana must prove that the services performed by exotic dancers are outside its—the Golden Banana's—usual course of business.

The defendants are unable to establish that the services performed by exotic dancers are outside the Golden Banana's usual course of business. The Golden Banana is in the business of providing adult entertainment—nude dancing—and serving alcoholic beverages.

Although the Golden Banana derives most of its revenue from the sale of alcoholic beverages, the dancers perform and interact with the bar's patrons in an effort to further the sale of alcoholic beverages.

See Chaves v. King Arthur's Lounge, Inc. The defendants, golden, are unable to satisfy the second prong of the independent contractor test articulated in G. The defendants' failure to establish that the Plaintiffs' dancing was outside the Golden Banana's usual course of business alone is sufficient to find that the Plaintiffs were employees pursuant to G.

The bananas have failed to submit verified evidence that mass Jenks or Calana performed at similar clubs while employed at the Golden Banana. Chaves, Mass.

Defendants violated G. Plaintiffs are entitled to judgment on Count I of their second amended complaint. Explore Resources For Practice Management. Legal Technology. Corporate Counsel.

Begin typing to search, use arrow keys to navigate, use enter to select. Reset A A Font size: Print. Superior Court of Massachusetts, County. Standard of Review Summary judgment is appropriate where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

The dancers said the club violated state tip-sharing laws and forced them to pay fees to work

Plaintiffs' Status as Employees The first prong of the independent contractor test requires the Golden Banana to show that the plaintiffs were free from the Golden Banana's control and direction in connection with the performance of their services. Richard E. Thank you for subscribing! Please try again.