Atlanta's Club Onyx Strippers Win $1.55 Million Settlement For Unpaid Wages

shadowcat
Atlanta suburb
The Huffington Post | By Harry Bradford Posted: 06/18/2012 4:14 pm Updated: 06/18/2012 4:30 pm

Exotic dancers shouldn't be stripped of their status as full-time employees, nor of the compensation they're entitled to as such, a new settlement indicates.

Seventy-three exotic dancers from Atlanta's Club Onyx won a $1.55 million settlement last week against their employer, Galardi South Enterprises, Inc., according to the law firm representing them, Nichols Kaster, PLLP. That's around $21,233 per dancer. (Hat tip to Law360.)

Galardi South Enterprises had charged the dancers various fees and fines to work at Club Onyx while paying them no wages besides tips on the basis that the dancers were independent contractors. However, a judge ruled in September that the strippers were employees under the Fair Labor Standards Act, and hence entitled to overtime and minimum wage, according to the blog of the The Womble Carlyle Team.

The case "sends a strong message to employers in the adult entertainment industry that they cannot expect to continue ... failing to pay their dancers without facing consequences," plaintiffs' Counsel Anna P. Prakash said in a statement.

Class-action lawsuits alleging wage and hour violations have skyrocketed 400 percent in the last 11 years, according to CNNMoney. The rise in lawsuits is in part attributed to recession-era layoffs and a sluggish job market recovery that has allowed employers to squeeze more out of fewer employees.

But some employers are paying the consequences for cutting compensation corners. Walmart agreed to pay $4.8 million in a back wages over unpaid overtime in May. Employees at Taco Bell, Best Buy's Geek Squad and several other companies also have made claims of unpaid wages. Some settlements have been in the eight-figure range.

But this isn't the first time exotic dancers have fought back against unpaid wages. Also this month, three "self-described" strippers in Mobile, Ala., are suing their employer for unpaid minimum wage. In 2010, 50 exotic dancers at Rick's Cabaret of New York sued for $5 million, claiming they were entitled to compensation as employees of the club's publicly-traded corporate parent, the New York Post reports


Note: Mr. Galardi is not having a good time. Recently two of his clubs, Pink Pony South & The Crazy Horse Saloon in Forrest Park(Atlanta) were forced to close.

13 comments

Latest

  • georgmicrodong
    12 years ago
    And after the lawyers take their cut, each dancer will be left with approximately $17.53.
  • EarlTee
    12 years ago
    The strippers I've talked to about this issue would not want to give up their independent contractor status just to be paid minimum wage. As independents they can set their own schedules, which is generally one of their favorite things about the job.
  • jackslash
    12 years ago
    The problem is that the strip clubs do not treat the dancers as independent contractors. They impose all kinds of rules and fines, but then claim the dancers are independent. The club owners may have to give dancers more leeway if they want to avoid these lawsuits.
  • maburton
    12 years ago
    I know this is probably something determined on a state-by-state basis, but how do you differentiate a full time employee vs an independent contractor in this line of work? Apparently, a 1099 basis isn't enough...
  • EarlTee
    12 years ago
    jackslash, I imagine that depends on the club... maybe the manager... maybe the dancer. I know dancers who feel they have lots of freedom.
  • jester214
    12 years ago
    Bad for everyone but the lawyers.
  • Papi_Chulo
    12 years ago
    If SCs start having to treat the dancers as employees and paying them minimum wage – I imagine this cost will be passed on to the consumer – not good for an already expensive hobby.
  • georgmicrodong
    12 years ago
    It's not *absolutely* necessary to start treating such dancers as employees. It would also be acceptable to treat them like *actual* independent contractors. Part of the problem, as I understand most of these suits is that the clubs *treat* the girls as employees, but *call* them contractors. Choosing one or the other in fact, as well as in name, should e completely legal.
  • motorhead
    12 years ago
    "The problem is that the strip clubs do not treat the dancers as independent contractors. They impose all kinds of rules and fines, but then claim the dancers are independent"

    Legally, that is very valid point, jack. But can you imagine the club without rules and fines? LOL.
  • jester214
    12 years ago
    I still say the nature of the industry makes it impossible for either way to work well.
  • carl95
    12 years ago
    I hope their lawyers remind them they actually have to pay taxes on this income.
  • inno123
    12 years ago
    There is no specific test, but in general for an individual to be an independent contractor and not an employee there must be significant areas in which the person really is independent.

    Now in California the state simply passed a law saying that in-club dancers had to be employees. And things went on. The biggest difference is that now you tend to pay the club for the dances. Often you pay the barkeep, sometimes you pay the bouncer at the entrance of the lap dance area and some of the DV clubs have the automated timer poles you feed the bills into.

    In general the dancers are paid a minimum wage on a draw against commission. Typically this means minimum wage or 60 percent of what they sell in dances whichever is greater plus they declare what their stage and private dance tips were. (although I am sure that they typically ignore the latter).
  • gatorjoe2
    12 years ago
    This seems bad overall.
    Can a club set a standard (looks, weight, ability)?
    Enter into a contract with the girls, *work 1 week on 3 days (thursday, Friday, Saturday from 8-2)? Can that solve the problem or is that too employee-ish
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