SAN ANTONIO — Two exotic dancers for Tiffany’s Cabaret in Texas have taken their overtime pay lawsuit to trial recently. After a three-day trial, jurors awarded the two dancers $250,000 in back wages and liquidated damages. Other Tiffany’s dancers have a separate class action overtime pay claim against the company in federal court, as well. The dancers claim the Cabaret violated the Fair Labor Standards Act (FLSA) when it failed to pay the dancers for all the hours they worked, including overtime when they worked more than 40 hours in a workweek.
The Dancers’ Claims
Nicolette Prieto and Alexis Alex, the two plaintiffs in the lawsuit that went to trial, filed their claim against KHG of San Antonio LLC, also known as Tiffany’s Cabaret, in 2013. The two plaintiffs worked for the company for at least four years prior to filing their claim and are seeking compensation for the last two years. Due to the statute of limitation on FLSA overtime claims the two dancers are not able to seek back pay beyond the last two years.
In their FLSA claim, they alleged that the company allowed the dancers to work more than 40 hours a week on a regular basis. But, according to their lawsuit, the dancers would only receive compensation for less than half of the hours they worked. If the dancers were only paid for half of the hours they worked, then not only did they not receive compensation for all of the hours they worked, which is required under the FLSA, they also essentially worked “off the clock” and for free for half of their shifts. The dancers also did not receive the overtime pay to which they were entitled. And because they did not receive compensation for all of the hours they worked, they were denied minimum wage pay, another violation of the FLSA.
Tip Sharing Violations
In addition to not receiving minimum wage or overtime pay, the dancers claimed Tiffany’s also violated tipping laws. Tiffany’s did not take a “tip credit,” which would have allowed the company to pay the dancers the tipped minimum wage of $2.13; so any tips the dancers received should have been in addition to the hourly minimum wage, federally $7.25 an hour, they should have been paid. The dancers alleged that they would receive tips from customers, but they were required to share their tips with non-tipped employees, like the bouncers, disc jockeys, and the “house mom.” An employer can require tipped employees to create and participate in a “tip pool,” but if there is a “tip pool” the only employees who can participate and share in the tips are tipped employees.
If you are an exotic dancer and you are not receiving at least minimum wage for each and every hour you work, or you are required to share your tips with non-tipped employees, contact our overtime pay lawyers today. Our top-rated team of overtime pay lawyers can be reached at (855) 754-2795. Or you may complete our Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your claim. 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.