OKLAHOMA CITY — A group of exotic dancers for a pair of Oklahoma-based gentlemen’s clubs recently filed an unpaid overtime lawsuit against the businesses, claiming the defendants engaged in systematic wage theft under the Fair Labor Standards Act (FLSA). The owner of one of those locations, in Midway, Oklahoma, is a disgraced former attorney serving jail time for soliciting underaged prostitutes in Peru along with a bondsman from Ida, Oklahoma.
According to the suit filed in federal District Court, the defendant did not pay the exotic dancers any wages and the performers relied solely on tips from patrons at the establishment from which the business made deductions. The defendant allegedly used the tip shares to pay for the salaries of the DJ, bartenders, and bouncers at the club, a violation of the FLSA.
Furthermore, the claim states the defendant improperly misclassified as independent contractors instead of actual employees. The independent contractor designation is an all too common practice in the industry used to keep payroll costs down and avoid paying employees overtime and other benefits for their hard work.
Under federal labor laws, employers cannot designate employees as independent contractors if their services are essential to the continuation of the workplace being in existence. Additionally, independent contractors must exercise their own levels of control over how they perform their duties.
To aid in compliance, the Internal Revenue Service (IRS) has a 20-factor independent contractor test both employers and workers can use to ensure the law followed. The Department of Labor also has its own set of rules on overtime exempt employees.
The plaintiffs seek regular pay and overtime wages with interest, attorneys fees, and any other relief the court may see fit to award. The suit also seeks class action certification to allow other dancers at the clubs to join the suit and possibly recover their own lost wages. Depending on the circumstances of the case, plaintiffs may recover a maximum of two to three years of income lost by the defendant’s wage theft.
Independent Contractor Overtime Pay Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel 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.