ATLANTA — A group of go-go dancers in Georgia were given the green light to proceed with their class action wage lawsuit recently when a judge granted them conditional class certification. The former dancers’ lawsuit claims their employer, BJ Roosters, its parent company, Jobo’s Inc., and its two owners purposely misclassified dancers as independent contractors to avoid paying minimum wage and overtime. They also claim BJ Roosters intimidated and retaliated against potential class members after the lawsuit was filed. The nightclub and its owners deny all of the dancers’ allegations.
Dancer Misclassification
Charles Allen, who filed the lawsuit, worked for BJ Roosters, a gay nightclub, from December 2012 until August 2013. He filed the class action lawsuit in November 2013 under the Fair Labor Standards Act (FLSA). In the lawsuit, Allen claims he and other dancers were never paid regular or overtime wages for their work at the nightclub. He also claims dancers were required to pay fines for infractions of the company’s rules; the proceeds of those fines were allegedly split between the DJ and the bartenders.
According to the lawsuit, the nightclub was able to avoid paying the dancers by classifying them as independent contractors and, therefore, not subject to FLSA wage requirements. However, the dancers claim they should have been classified as employees since the nightclub acted like an employer. The nightclub allegedly controlled the dancers’ schedules, where in the club the dancers were assigned, and the club made final decisions on stage clothing and stage names. These actions are similar to the control and authority an employer exerts over employees, not independent contractors.
Dancer Retaliation
A frequent reaction employers or supervisors have to complaints and a lawsuit over wage violations is retaliation. For this reason, labor laws specifically prohibit retaliation against those who file or participate in investigations and other matters related to the wage complaints. In this case, some of the potential class members claim the nightclub threatened dancers against joining the class action. They claim there were threats of blacklisting the dancers within the gay nightclub industry and causing problems for the dancers with the IRS. One dancer was actually fired after opting into the lawsuit, but he was later reinstated through an emergency court order. The dancers have since added claims of retaliation to their initial lawsuit.
If you believe your job position has been misclassified, that your employer has not paid proper wages, or that you have been retaliated against for addressing wage concerns, contact our knowledgeable team of overtime pay lawyers today at (855) 754-2795 to discuss your rights. Or complete the Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. However, there are strict time deadlines for filing lawsuits so it is important to contact an attorney immediately.
A group of go-godancers in Georgia were given the green light to proceed with their class action wage lawsuit recently when a judge granted them conditional class certification. The former dancers’ lawsuit claims their employer, BJ Roosters, its parent company, Jobo’s Inc., and its two owners purposelymisclassified dancers as independent contractors to avoid paying minimum wage and overtime. They also claim BJ Roosters intimidated and retaliated against potential class members after the lawsuit was filed. The nightclub and its owners deny all of the dancers’ allegations.
Dancer Misclassification
Charles Allen, who filed the lawsuit, worked for BJ Roosters, a gay nightclub, from December 2012 until August 2013. He filed the class action lawsuit in November 2013 under the Fair Labor Standards Act (FLSA). In the lawsuit, Allen claims he and other dancers were never paid regular or overtime wages for their work at the nightclub. He also claims dancers were required to pay fines for infractions of the company’s rules; the proceeds of those fines were allegedly split between the DJ and the bartenders.
According to the lawsuit, the nightclub was able to avoid paying the dancers by classifying them as independent contractors and, therefore, not subject to FLSA wage requirements. However, the dancers claim they should have been classified as employees since the nightclub acted like an employer. The nightclub allegedly controlled the dancers’ schedules, where in the club the dancers were assigned, and the club made final decisions on stage clothing and stage names. These actions are similar to the control and authority an employer exerts over employees, not independent contractors.
Dancer Retaliation
A frequent reaction employers or supervisors have to complaints and a lawsuit over wage violations is retaliation. For this reason, labor laws specifically prohibit retaliation against those who file or participate in investigations and other matters related to the wage complaints. In this case, some of the potential class members claim the nightclub threatened dancers against joining the class action. They claim there were threats of blacklisting the dancers within the gay nightclub industry and causing problems for the dancers with the IRS. One dancer was actually fired after opting into the lawsuit, but he was later reinstated through an emergency court order. The dancers have since added claims of retaliation to their initial lawsuit.
If you believe your job position has been misclassified, that your employer has not paid proper wages, or that you have been retaliated against for addressing wage concerns, contact our knowledgeable team of overtime pay lawyers today at (855) 754-2795 to discuss your rights. Or complete the Free Unpaid Overtime Case Reviewform and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. However, there are strict time deadlines for filing lawsuits so it is important to contact an attorney immediately.