MIAMI — A former exotic dancer for a Miami, Florida gentleman’s club recently filed a class action unpaid overtime lawsuit against the establishment claiming she and other dancers were denied minimum wage, overtime, and were forced to contribute to illegal tip pools to supplement the wages of non-qualified workers. The claim is one of many others filed against other exotic dance clubs claiming the businesses improperly classified the dancers as “independent contractors” to avoid complying with wage and health care laws.
The complaint, filed against Club Climaxxx in Miami Beach, demands $65,000 in unpaid minimum wage, overtime pay, and reimbursement for various business expenses and fines the defendant allegedly levied against the plaintiff. In her lawsuit, the former dancer claims the club forced her to pay tip outs to other workers such as the DJ and bouncer. Furthermore, the plaintiff claims she regularly worked 20 hours of overtime every week but never saw a paycheck for tipped wages nor overtime.
Under state and federal wage and labor laws, tip earning employees may earn less than minimum wage so long as the tip income combined with an hourly wage at least equals the applicable state or federal minimum wage. Additionally, these workers are overtime eligible, with the pay calculation based on variables such as the tip minimum wage and wages earned during the pay period.
After filing her initial unpaid overtime lawsuit, the plaintiff amended her complaint to also include a charge of illegal retaliation by the defendant under the Fair Labor Standards Act (FLSA). Under the FLSA, it is illegal to terminate or otherwise take retaliatory measures against an employee who engages in a protected action such as demanding back pay directly from the employer or filing an unpaid overtime lawsuit.
The complaint also seeks class action status to allow other victims of wage theft who worked at the club to recover their own back pay. Other complaints against gentleman’s clubs in Florida have resulted in multimillion dollar awards and settlements for the plaintiffs and could spell and end to the old business model for such establishments.
Exotic Dancer Unpaid Overtime Lawsuit
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