DEFENDING YOUR RIGHTS
In recent years, owners of strip clubs have faced numerous lawsuits accusing them of violating standards set by the Fair Labor Standards Act.
These lawsuits often center on the legal classification of entertainers as “employees” or “independent contractors.” Misclassification claims, or claims alleging that companies have described and paid their workers incorrectly are on the rise across the United States.
Lawsuits introduced by adult entertainers against their employers commonly include wage-related matters.
In 2019, a Bloomberg Law Analysis revealed that exotic dancers filed over 400 wage-and-hour complaints from 2006 to September 30, 2019 in federal courts, accusing strip club venues of illegal practices and seeking back wages. Some clubs have had to pay multimillion dollar settlements to dancers who accused them of wage theft and other labor law violations.
Enacted in 2019, California’s AB5 law states that adult entertainers can be classified as either employees or independent contractors. This law offers specific guidelines for employers to properly classify their workers as employees or contractors.
Exotic dancers are afforded far more legal rights when they are classified as workers as opposed to when they are classified as independent contractors. As employees, dancers can be protected from harassment, discrimination and other offensive behavior at work.
They also can be protected from employer retaliation if they are involved in a lawsuit against them. Additionally, AB5 allows adult entertainers to unionize and bargain collectively if they are classified as employees.
When entertainers are classified as employers, the strip club is obligated to pay more in taxes and implement new workplace policies.
Because owners of strip clubs must pay their employees benefits, social security, insurance other expenses, some strip clubs have responded by raising house fees, taking more tips, or cutting back the hours of dancers who are classified as employees.
Although this behavior is illegal, strip club owners may retaliate in this way to make the status of an employee appear more unappealing than that of an independent contractor.
If a strip club venue wants to argue in court that its adult entertainments are independent contractors, they will need to prove the following:
An adult entertainer must meet all these requirements if they are to be classified as independent contractors. Employers should keep in mind that under these guidelines, strippers and dancers generally cannot be classified as independent contractors at strip club venues.
A strip club’s primary line of business is adult entertainment provided by dancers who perform routines. These venues often dictate a stripper’s appearance, outfits, showtimes, and other details. This work is also essential to a strip club’s business.
If you are an exotic dancer who is being wrongly classified as an independent contractor by your employer, you should speak to an experienced strip club attorney to make sure that your employer is adhering to the standards set forth by AB5.
The following are some examples of illegal behavior that may warrant legal claims:
If you are an adult entertainer who has been paid unfairly for their work or who believes their work has been misclassified, you should seek legal remedy against your employer as you could stand to receive financial compensation.
A knowledgeable strip club lawyer can review your case to see if you are eligible for relief. If you have a valid claim, your attorney can assist you in bringing forth a case against your employer. The best way to know whether suing your employer is worth it or not is to find a reputable lawyer in your area who can help you understand your rights.
An exotic dancer attorney can help you review your options and how to defend your rights against the claims being made against you in court. By looking at the unique factors of your case, a strip club lawyer can help you determine if your matter can be settled out of court and what you could receive in financial compensation.
In need of a Los Angeles exotic dancer wage dispute lawyer? Contact LawLinq today for free information about your case. If you are an adult entertainer looking for legal services in the Los Angeles area, we can help you.
LawLinq is a lawyer referral service based in the LA area committed to connecting people with reputable attorneys, at no additional cost to them. When you are fighting for a fair wage or other work-related issues, the last thing you probably want to think about is enlisting the help of an attorney. We can make that search far easier and less time-consuming for you.
We work with the California State Bar to ensure that all our member attorneys meet and adhere to our strict membership requirements. We constantly monitor our member lawyers for their credentials, performance, and ethics to ensure that you receive outstanding legal representation.
All our member attorneys are insured, up to date on their continuing legal education requirements, and conduct themselves in a professional and ethical manner. If you have a question about your situation, we can connect you with an expert attorney who regularly handles cases like yours. Give us a call at 855-997-2588 or fill out an online request today.
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