Labor & Employment Law

The Russians Are Coming! The Russians Are Coming! (Into Court on FLSA Class Action)

By Mark E. Tabakman, Esq.

In the 1960's, a movie came out entitled 'The Russians Are Coming! The Russians Are Coming!' It was about a Russian invasion of the United States. Well, a different kind of Russian invasion has hit our shores, but it takes the form of a class wage-hour action filed by Russian performers in a Las Vegas ice-skating revue, the 'Moscow Ice Circus.' They allege they have not been paid for more than 225 performances, that they were docked pay because they gained weight and were not paid overtime.

Twelve former performers filed the lawsuit in the U.S. District Court of Nevada, alleging that Sergey Ryshkoff's Moscow Ice Circus LLC and Ice Show Corporation violated the Fair Labor Standards Act. The case is entitled Abrosimov v. Sergey Ryshkoff's Moscow Ice Circus, LLC.

The Circus is a live show that includes jugglers, acrobats, figure skaters, clowns and gymnasts performing acrobatics on an ice skating rink. The plaintiffs claimed they were hired to perform acrobatics and ice-skating routines for the Moscow Ice Circus show at the Riviera Hotel and Casino in Las Vegas, but allege that their employer refused or neglected to pay them for a staggering 225 performances.

They also allege that they were not compensated for the marketing they did for the show on the Las Vegas Strip. When they engaged in these activities, they had to don costumes and present mini performances while skating and handing out fliers to pedestrians. They also allege that their compensation was subject to deductions for tardiness and weight gain.

This case illustrates the different nuances and forms that a class action can take. Although this fact pattern seems, on one level, humorous, it may not turn out to be so funny for Sergey when he has to pay the back wages.
 

Full post as published by Wage & Hour - Development & Highlights on July 16, 2009 (boomark / email).