This page provides the answers to class members’ most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Settlement of Class Action.

About The Settlement

What is a Class Action?

In a class action lawsuit, one or more people called “Representative Plaintiffs” sue one or more defendants on behalf of other people who may have similar claims. All these people together are a “class” or are “class members.” The court can determine whether it will allow a lawsuit to proceed as a class action. If it does, a trial then decides the lawsuit for everyone in the class or the parties may settle without a trial. In a class action, one court resolves the common issues for everyone in the class – except for those people who choose to exclude themselves from the class.

What is this litigation about?

The lawsuit alleges Northern misclassified entertainers as non-employees and as a result of this misclassification, entertainers were not paid minimum wages and other compensation required under federal and North Dakota wage and hour laws. In addition, the lawsuit alleges that Defendants unlawfully confiscated entertainer tips. The Defendants have denied these allegations and have threatened counterclaims to recover the value of mandatory dance fees retained by entertainers if the entertainers were deemed to have been employees when they collected those fees.

Who are the Class Members?

All entertainers who performed at Ferny Properties, LLC, d/b/a The Northern Gentlemen’s Club during the period from September 19, 2015 through the April 5, 2021. If you fall within the definition of a Class Member, you may qualify for a “Cash Payment”.

What are the Settlement Benefits?

The settlement agreement, if approved, provides both monetary and nonmonetary benefits to the Class. First, each Class Member will receive monetary benefits. Second, all entertainers will benefit from certain injunctive relief. These benefits are explained in more detail in the Notice of Settlement of Class Action.

How do I elect to receive Settlement benefits?

Eligible Class Members are entitled to monetary settlement benefits from the Cash Pool from two separate funds: the Equal Distribution Funds (One Third of the Cash Pool) and the Proportional Distribution Fund (Two Thirds of the Cash Pool). Payments will be made out of the Cash Pool of $200,000 after deducting Enhancement Payments (for the Class Representative), Attorney Fees, and an Expense Award.

To receive the maximum settlement payment, including a payment from the Proportional Distribution Fund, you must properly complete and timely submit the Claim Form postmarked or electronically submitted by July 26, 2021. More detailed information can be found in the Notice of Settlement of Class Action.

What happens if I do nothing?

If you do nothing, you will be included in the Class, and you will be bound by the terms and conditions of the settlement. Under the terms of the settlement, you will still receive a check, but only from the smaller Equal Distribution Fund. You may still benefit from certain injunctive relief provided by the settlement.

How do I exclude myself from the Class?

If you are a member of the Class and wish to be excluded from the settlement, you must send a written request, signed by you personally, which includes all of the following:

Your legal name, current address and telephone number;

The name and number of the lawsuit: Tompkins et al. v. Ferny Properties, LLC et al., No. 3:18-cv-00190; and

A statement, signed personally by you, clearly stating that you want to be excluded from the Class.

All exclusion requests must be mailed first class United States mail, postmarked on or before July 26, 2021, to:

ND FLSA Settlement
P.O. Box 2002
Chanhassen, MN 55317-2002

Do I have a lawyer representing my interests in this case?

Yes. The Court has approved law firms to represent you and other Class Members. The primary law firm and lawyer in this matter are referred to as Class Counsel, and are:

Edward W. Ciolko
Carlson Lynch LLP
1133 Penn. Avenue, 5th Floor
Pittsburgh, PA 15222

You will not be charged directly by Class Counsel for their lawyers’ services, but they will ask the Court to award them a fee from the settlement.

If you so desire, you may hire your own attorney. However, you will be responsible for that attorney’s fees and expenses.

When and where will the Court decide whether to approve the Settlement?

The Court will hold a Final Approval Hearing on September 27, 2021 at 09:00 a.m. in Fargo Courtroom 1 before Chief Judge Peter D. Welte.

Where do I obtain more information?

If you want additional information, you may write Class Counsel at the address listed here.