ROANOKE, Va. — In an ongoing series of class and collective action wage and overtime lawsuits brought against gentlemen’s clubs across the country, exotic dancers in Roanoke have filed a lawsuit against the club where they dance. According to the newly filed overtime pay lawsuit in Virginia federal court, Gold & Silver Private Club has allegedly misclassified its exotic dancers as independent contractors under the Fair Labor Standards Act (FLSA). The misclassification of exotic dancers appears to be an industry wide problem.
Roanoke’s Dancers Claims
In this case, three dancers have filed the current lawsuit against Gold & Silver, Southwest Virginia Investments Inc., Melons Inc., and Billy D. Harbour, the parent companies and owner of Gold & Silver. Jessica Reed, Jessica Hobb, and Tia Foster claim their only compensation for their work was tips from which the club took a significant cut. Gold & Silver is a non-alcoholic private club that allegedly does not provide direct compensation to its dancers, yet does exercise considerable control over the dancers’ working conditions and their compensation, or lack thereof in this case.
At the moment, the lawsuit only represents the three women who joined at the time of the filing. However, it was filed with the intention of later adding up to 50 current and former dancers who are working or have worked for the club at any time since December 2011. Interestingly, a similar lawsuit against Gold & Silver settled privately in 2011, so this is not the first time Gold & Silver has faced these allegations.
Exotic Dancer Minimum Wage
As independent contractors, the dancers receive no direct compensation and only customer tips from Gold & Silver. Because of this, the dancers claim their regular hourly rate of pay is actually a negative amount. In their lawsuit, the dancers are asking the court to declare they are employees, which would make them subject to state and federal minimum wage laws. Gold & Silver, and its owner and parent companies, could be required to pay back wages, based on minimum wage, and unpaid overtime for the dancers’ time dating back to 2011. Since it is almost certain the dancers make more than $30 in tips each month, the club would also have to begin paying its dancers the federally mandated tipped minimum wage of $2.13 an hour.
It is not always easy to determine if you are an independent contractor or employee in some situations. However, if you are an exotic dancer and you are classified as an independent contractor there is a good possibility that you have been misclassified. Contact our experienced team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or our knowledgeable legal team can evaluate your options when you complete the Free Unpaid Overtime Case Review form. 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.