San Jose, CAWomen who dance at a strip club have a California labor lawsuit against the club’s owners alleging the company violated California labor law by not paying minimum wage or overtime. The lawsuit alleges a variety of California labor code violations.
The San Jose Mercery News (4/30/14) reports that 11 former dancers at the Pink Poodle strip club filed a lawsuit alleging that they were treated as independent contractors instead of employees and were not paid minimum wage or overtime. Furthermore, because they were classified as independent contractors, they were not eligible for employee benefits. The lawsuit also alleges that some women were forced to pay the club so they could dance there and were threatened with retaliation if they complained.
The lawsuit was filed in Santa Clara County Superior Court, according to CBS San Francisco (5/1/14). The defendants are reportedly the Kuzinich family, owners of the Pink Poodle.
Lawsuits have been filed by dancers across the country alleging the owners of various strip clubs have failed to pay their dancers minimum wage or overtime, in violation of various labor laws. In 2012, a club in California settled a similar lawsuit for $12.9 million, according to Time (1/15/14). In 2013, dancers from the Penthouse Executive Club settled their lawsuit with the club for $8 million. They also alleged unpaid wages.
Also in 2013, a lawsuit was filed by Felicia Harmon and others against Foxy Lady, Inc. and Arthur Dillard alleging that not only did Foxy Lady not pay its dancers minimum wage and overtime, it did not pay dancers wages at all and forced the plaintiffs to pay to work at the Foxy Lady. The lawsuit (case number 1:13-CV-3517-TWT, in the Northern District of Georgia Atlanta Division) seeks to represent current and former employees of Foxy Lady.
Court documents allege that despite having specific work schedules, specific times and manners for dancing, regulations for attire and set prices for dances, the Foxy Lady classified all its entertainers as independent contractors. The plaintiffs say they were also required to pay a “bar fee” so they could work any given shift and were charged fines or fees for being late for work or violating any of the Foxy Lady’s rules. The lawsuit further alleges that the entertainers were required to attend mandatory meetings but were not paid for being at those meetings.
With so many dancers filing lawsuits alleging they have been misclassified as independent contractors, a federal judge ruled that dancers at Rick’s Cabaret in New York should be paid minimum wage and were improperly classified as independent contractors even though they should have been classified as employees, ABC News reported (9/12/13). That lawsuit was filed in 2009.
The Pink Poodle lawsuit is Coleman et al vs Pink Poodle Enterprises et al, case number 114CV264315.