Judge Granted Certification of a FLSA Collective of New Jersey Webcam Performers

We are pleased to announce that U.S. District Judge Madeline Cox Arleo granted certification of a Fair Labor Standards Act (“FLSA”) Collective of New Jersey webcam performers for a live adult streaming website called Streamate. The Class Representative Plaintiff alleges that she, and those similarly situated, were misclassified as independent contractors, and thus, they are entitled to damages for (1) time spent performing in “free chat”; and (2) tips received from customers but kept by the employer-Defendants. In essence, as alleged, the Plaintiffs were only paid for a part of the show and only got to keep part of their tips. The FLSA prohibits employers from keeping any portion of employees’ tips for any purpose.

According to her counsel Charles J. Kocher, Esq.: “We are very pleased that the Court granted Plaintiffs’ Conditional Certification Motion to allow other webcam workers in New Jersey to join this important wage and hour case. As the U.S. Supreme Court made clear, the ‘broad remedial goal’ of the FLSA should be ‘enforced to the full extent of its terms.’ My client’s case gives real-world meaning to those words so that she can resolve the wage dispute for herself and all those similarly situated with common evidence.”