ATLANTA, GA — A former exotic dancer for a Georgia gentleman’s club recently filed an unpaid overtime class action lawsuit against the business in federal court accusing the defendant of violating national labor and wage laws, including failure to pay overtime wages. The complaint names Byron-based Strippers Inc. and its owners as defendants and seeks to recover back pay, illegal pay deductions, damages equal to back pay, and attorneys fees to cover the cost of litigating the matter and recovering for the plaintiff and other similarly affected workers.
According to the unpaid overtime lawsuit, filed in U.S. District Court for the Middle District of Georgia, the defendants violated the Fair Labor Standards Act (FLSA) when it misclassified its dancers to avoid paying one and a half times the workers’ average hourly wages. The complaint alleges that the defendant classified its dancers as “independent contractors” to avoid federal wage and labor laws even though the club exercised broad control over the dancers’ activities.
The dancers, who earned their wages entirely through tips given by the club’s patrons, were required by the defendants to pay the club a flat rate of $25 to $30 for the privilege of working a single shift at the establishment. Furthermore, the lawsuit alleges that the defendants required the dancers to pay out an additional 10% of their tips to the club’s DJ and subjected them to fines and other illegal withdrawals for violations of the company’s policies.
While the defendants maintained that the dancers were independent contractors working for themselves, the club also exercised control and supervision on the dress, makeup, and even the weight of the dancers. Additionally, the club’s management held regular meetings that the dancers were required to attend which addressed the dancers’ attire. Moreover, the club had set schedules that the dancers were required to follow, a major red flag in the IRS 20-factor independent contractor test that may be enough to meet the legal standard of an employer-employee relationship.
Exotic Dancer Unpaid Overtime Lawsuit
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