PHILIDELPHIA, PA — Misclassification of employees is perhaps the biggest wage problems that most employees don’t think to check. In this lawsuit, it claims that the Penthouse Club misclassified their exotic dancers as independent contractors. The plaintiff alleges this was not the case due to the set schedules, disciplinary actions, and instructions on uniforms/outfits; saying this kind of control is not typical of independent contractors, but rather a direct employee. A number of strip clubs have paid multi-million dollar settlements over the years for this same misclassification.
Exotic Dancer Overtime Pay Lawsuits, Unpaid Overtime, Wages
Exotic dancers are often cheated out of overtime pay by club owners. This has resulted in numerous lawsuits being filed across the United States by dancers against gentleman’s clubs. Millions in dollars in settlements have been paid to dancers for unpaid overtime wages.
Exotic dancer overtime pay lawsuits allege that the dancers are being misclassified as independent contractors by the clubs to avoid paying them overtime. However, a proper legal analysis in many cases has determined that these dancers are actually employees under the law and therefore entitled to overtime pay. Most often the dancers are not being paid the wages required under federal law.
Factors that determine if a dancer is an employee include the fact that the club requires them to wear particular attire, and forces them to attend unpaid staff meetings. These factors support the conclusion that they are actually employees and not independent contractors. The courts have also determined that the independent contractor agreements that many dancers are forced to sign are invalid.
In this case, additional charges could be brought upon the club. After the plaintiff filed papers with the court, the Penthouse Club did initially respond to written discovery, however, the answers were incomplete. When prompted to provide more complete answers, they were ignored. In addition to these accusations, the club faces one more of unlawful kickbacks to managers given by the dancers for every shift worked. If proven, these points could lead to a larger settlement for the plaintiff.
Are exotic dancers entitled to overtime pay?
Yes, exotic dancers are entitled to overtime pay for time spent working beyond 40 hours per week. Exotic dancers work late hours and are often pressured or forced into working more than 40 hours in a single week.
According to the U.S. Department of Labor’s Wage & Hour Division, covered nonexempt employees are entitled to be paid at least the federal minimum wage as well as overtime at time and one half their regular rate of pay for all hours worked over 40 in a work week.
Our experienced after hours support overtime pay attorneys can determine whether you are entitled to overtime wages based upon your job description, job duties, the rate of pay, and the number of hours worked. You are entitled to these wages against your current or former employer. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.
How Do I Start an Overtime Lawsuit?
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.