Exotic Dancers

New Dancer Wage Case Filed Against Onyx Gentlemen’s Club

Published on: January 19, 2022 | by Martin & Martin, LLP

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On January 13, 2022, Martin & Martin, filed a federal lawsuit against Onyx Gentlemen’s Club in Atlanta on behalf of several strippers to recover owed wages and fees. Onyx reopened in February, 2021 and classified its dancers as independent contractors as opposed to employees. As independent contractors, Onyx did not pay the dancers any wages whatsoever. Instead, all of the money received by the dancers were from tips from customers. However, this was after the dancers paid a bar/shift fee, tip outs, house mom fees, etc.

Over the course of the last decade, federal courts around the country have found that dancers at strip clubs are employees — not independent contractors. And, they have held that as employees, the dancers are entitled to $7.25 per hour for all hours worked and time and one-half for all overtime hours. The determination of whether an individual is an independent contractor or employee is made on a factual case-by-case basis. However, some specific items that courts look at are: does the company require the workers to follow any work rules? Does the company schedule the worker? Does the company cover the expenses of the club, stage, payment to DJs, security, etc.?

In our recently filed federal lawsuit, on behalf of our clients, we seek to recover $7.25 per hour for all hours work plus liquidated damages (aka double damages) and recovery of all fees paid to the club. We also seek for Onyx to pay our attorney’s fees and expenses. If you are or were a dancer at a club and not paid any wages, contact Martin & Martin to fight for your rights.

Atlanta’s Club Onyx Settle Stripper Lawsuit For $1.55 Million

Published on: March 3, 2014 | by Martin & Martin, LLP

In June 2012, a fair pay collective/class action case that had been filed against Club Onyx settled. The strippers settled the case for $1.55 million. The strippers brought the case complaining that they were illegally classified as independent contractors as opposed to employees. The dancers claimed that they were actually employees – not independent contractors – and as employees they were entitled to minimum wage for each hour they worked. The settlement closed the matter for the 73 strippers who participated in the case.

If you worked at a strip club within the last 3 years and were treated as an independent contractor, you could be entitled to the recovery of lost wages. You can contact Martin & Martin, LLP for a free consultation. For more information about other stripper lawsuits in the nation, go to strippersrights.com.

Court Approves Stripper’s $8 Million Dollar Settlement With Penthouse Executive Club

Published on: February 17, 2014 | by Martin & Martin, LLP

On January 14, 2014, a New York District Court approved a settlement on behalf of strippers who worked at the Penthouse Executive Club. The strippers had filed the lawsuit alleging that the club misclassified the dancers as independent contractors instead of employees, did not pay them wages, illegally required that they pay “house fees” and other types of fees and unlawfully took tips from them in violation of the Fair Labor Standards Act (“FLSA”) and New York law. The dancers sought unpaid wages, unpaid overtime, liquidated damages (“double damages”), and attorneys’ fees and costs. Over 1,000 dancers joined in the lawsuit and agreed to the settlement.

This case is another case in a long line of cases that are based upon a strip club’s failure to pay wages to its dancers. Typically, strip clubs have considered its dancers as independent contractors as opposed to employees. The clubs do not provide any wages to the strippers. Their only pay is comes from the tips they make from customers. However, the dancers are required to pay “house fees” to work each shift along with fees to the “house mom,” security, DJ, bartenders, etc. Courts around the country have found that dancers are actually employees – not independent contractors – and are therefore, entitled to an hourly wage for every hour worked. The FLSA permits dancers to go back at least 2 years to recover unpaid wages and permits successful plaintiffs to recover liquidated damages a/k/a “double damages” which double the amount a dancer can recover.

Martin & Martin, LLP handles cases on behalf of strippers. If you have danced at a club anytime within the last 3 years and were told by the club that you were an independent contractor – you could be entitled unpaid wages and liquidated damages. Dancers can get a fast, free consultation by contacting our firm.