Stripper Labor Rights: Strippers are typically due wages and overtime under the Fair Labor Standards Act
Exotic dancers are almost always considered employees under federal wage law. What does this mean? Even if a strip club labels its strippers as “independent contractors,” they are almost always considered employees under the law. As employees, strip clubs break the law when they do the following to exotic dancers:
- Make them pay house fees
- Make them pay any fees whatsoever
- Fail to pay them minimum wage
- Make them share tips with DJs, Managers, or “House Moms”
- Take large cuts for allegedly “processing” credit card or house money tips
Give us a call or fill out the below form if your strip club employer charges you fees, takes away your tips, or fails to pay your minimum wage. You can reach us by calling or texting (yes, we make it that convenient) (214) 790-4454. We look forward to hearing from you and helping you recover the tips, fees, and wages you rightfully earned.
Stripper Labor Rights: Am I due unpaid wages and overtime?
The question of whether an exotic dancer or stripper is owed overtime is based on on question: Is the stripper an “employee” or “independent contractor?” An employee working for a strip club is owed wages and overtime; an independent contractor working for a strip club is not.
IN TEXAS, NEARLY ALL STRIPPERS OR EXOTIC DANCERS ARE CONSIDERED EMPLOYEES DUE ALL THEIR TIPS BY FEDERAL LAW. IF YOU PAY A HOUSE FEE, YOU LIKELY HAVE A BIG CASE AGAINST YOUR STRIP CLUB EMPLOYER.
Determining whether an exotic dancer is an independent contractor or an employee entitled to strip club wages is not based on what an employer calls the employee. Rather, determining an exotic dancer’s status as an employee or contractor is based on the “economic realities” of relationship between her and her employer. The economic realities test takes into account the following factors:
- Degree of control exercised by the club
- Extent of the relative investments of the worker and club
- Degree to which the worker’s opportunity for profit is determined by the club
- Skill and initiative required for your job
- Permanency of the relationship between the worker and the club
The “economic realities” test weighs heavily in favor of strippers. The majority of cases have determined that exotic dancers are employees of strip clubs due overtime and wages under Federal Law.
Stripper Labor Rights: Test for determining if an exotic dancer is an employee due wages and overtime.
Answer the following questions:
- Does the strip club set the exotic dancer’s work schedule?
- Does the strip club fine exotic dancers for absences?
- Does the strip club instruct the minimum amount an exotic dancer must charge for dances?
- Does the strip club need to approve exotic dancer costumes?
- Does the strip club have the final determination regarding what music is played while the exotic dancer dances on stage?
- Does the strip club require strippers to mingle with guests when off stage?
- Does the strip club have and enforce rules that apply to the exotic dancers?
- Does the strip club fine dancers if they failed to abide by the rules?
The more questions that an exotic dancer answers affirmatively, the more likely the exotic dancer has a claim for unpaid wages and overtime against their former or current strip club employer.
Stripper Labor Rights: Two Things to Not Forget
- Your employer may trick you into believing you are not an employee by labeling you an “independent contractor.” Remember, this label doesn’t matter. If you are an exotic dancer who acts like an employee, you are an employee no matter label the strip club puts on you.
- Your employer cannot make you sign away your rights to wages or overtime. Such agreements violate federal law and courts will disregard them in potential strip club wage dispute litigation.
Stripper Labor Rights: Call and See if We Can Recover Your Stripclub Tips, Wages, and Fees
The issues involved in stripper wage dispute cases presents complicated issues based on many vital legal and factual considerations. Our overtime attorneys have extensive experience litigating wage and overtime disputes, including fair labor standards act cases involving independent contractor misclassification and other employment issues that impact strip club employees.
If you are an exotic dancer and have questions regarding your rights to unpaid wages or overtime pay, give our Dallas overtime and wage lawyers a call or text (yes, we do that for your convenience) at (214) 790-4454. Otherwise, fill out the form below and we’ll get back to you to discuss your rights to recover your tips, fees, and unpaid wages.