Exotic Dancers Are Covered Employees Entitled to FLSA Minimum Wages and Overtime – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on December 3, 2012

In Clincy et al. v. Galardi South Enterprises Inc., No. 1:09-CV-02082-RWS (N.D. Georgia, September 7, 2011), the district court determined that exotic dancers were employees entitled to minimum wages and overtime under the Fair Labor Standards Act (FLSA).

In Cincy, exotic dancers were required to obtain and pay for an adult entertainment license specific to the defendant’s club. Once hired, the defendant gave each exotic dancer a “Dancer Packet” which contained club rules of conduct, a random drug test consent form, and a "Wage Acknowledgment Regarding `Tip Credit'” sheet. Exotic dancers were required to periodically attend meetings to discuss club rules and policies, changes in City law, and promotional events; and though there was no concrete rule regarding the minimum number of nights a dancer had to work each week, if an exotic dancer did not work at least four nights a week, she was fined or disciplined. Exotic dancers were also required to call the club’s house mom if she was going to miss work.

In reviewing the economic relationship between an exotic dancer and the club, the court determined that the club controlled nearly every aspect of the dancer’s work from hire to termination and made a more significant financial investment in the dancer. Also, the exotic dancer was an integral part of the club’s business. As such, exotic dancers were employees entitled to minimum wages and overtime under the Fair Labor Standards Act (FLSA).

If you are a California worker who has been classified or reclassified as an independent contractor, contact Blumenthal, Nordrehaug & Bhowmik. Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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