Just another ex-dancer suing a strip club

shadowcat
Atlanta suburb
Ex-dancer sues Myrtle Beach area strip club

ATLANTIC BEACH A former dancer for Thee New Dollhouse strip club here has filed a class-action lawsuit against the business, alleging the club's owner violates state and federal laws by failing to pay minimum wage and overtime and by forcing dancers to share tips they earn for lap dances and other entertainment services.

Alexis DiGidio filed the lawsuit in federal court on behalf of dancers facing similar circumstances nationwide. DiGidio performed at the club, formerly known as the Crazy Horse Saloon and Restaurant, between 2004 and 2011 and now is a member of the club's wait staff, according to the lawsuit.

Michael J. Peter and Associates, the Florida-based operator of Thee New Dollhouse, has not filed a response to the lawsuit and Peter could not be reached for comment Tuesday.

DiGidio claims the strip club's owner improperly classifies dancers as independent contractors, even though “the U.S. Department of Labor and courts across the country have recognized that dancers are employees, not independent contractors, and, accordingly, are entitled to protection under various state and federal wage and hour laws.”

The lawsuit claims that Thee New Dollhouse dancers are required to pay a fee of up to $100 per shift in order to perform at the club, where they earn money through tips rather than wages. The dancers also are required to share a minimum of $25 per shift from their tips to co-workers including the club's disc jockey, house mom, valet attendant and floor host. Dancers also must pay the club $10 from the proceeds of every lap dance they perform and $50 from each 30-minute private dance, according to the lawsuit.

“As a result of the mandatory house fees and required tip-outs, dancers sometimes receive little to no actual compensation despite hours of work,” the lawsuit states.

Additionally, dancers are required to buy and launder their own G-strings and costumes, DiGidio claims.

The lawsuit alleges violations of the federal Fair Labor Standards Act and the S.C. Payment of Wages Act. DiGidio is seeking triple damages in excess of $5 million for class members, court documents state. The damages include unpaid minimum wage and overtime for at least 100 dancers nationwide.

This is at least the second lawsuit filed against an area strip club over wages and the independent contractor designation. The owners of Tiffany's Cabaret in Horry County were sued last year by a former dancer who claimed she was forced to work without pay and share her tips with the owners and other employees. Club owners David Scrivani and Dominic Scrivani, who also own nightclubs in New York, settled the lawsuit this year by agreeing to pay a combined $37,500 to two of their clubs' dancers.

16 comments

Latest

juiicebox69
11 years ago
Shadow ar you tired of posting I mean your 91 years old !
duomaxwell
11 years ago
I want to say that they mean well, but this is a short-sighted and selfish approach to this. Firstly, if they aren't making money they need to get a different job or dance at a different club. Second, if they want to be treated and classified as employees they're going to lose all of the perks of being an "independent contractor" ie. choosing your own schedule, tax deductions and even (as bad as this is) being able to fudge your income on your taxes. In addition, at clubs where dancers can choose to be classified as employees they usually have to give most of their tips over to the club in return for getting an hourly wage/being provided with costumes.

If stupid dancers keep filing frivolous lawsuits like this there's going to be some kind of stupid "reform" eventually and it's just going to fuck things up for the rest of us.
motorhead
11 years ago
Duo,

You get it. While it is true the clubs are mis-classifying dancers as independent contractors, there are always those short-sighted ones who try to cash in without realizing what's at stake. They need to be careful what they wish for.
SlickSpic
11 years ago
I actually learned something from this post. Gracias a Shadow & Duo.
jackslash
11 years ago
The real answer is for club owners to treat dancers as independent contractors. Instead the owners try to have it both ways. They exercise control over dancers as though they are employees while they don't pay them a minimum wage and don't pay employer social security taxes. Dancer lawsuits will fail if the owners follow the law.
shadowcat
11 years ago
I also find it funny that most of these law suits do not happen until the dancers are no longer working at the club.
duomaxwell
11 years ago
I do understand why certain measures are in place, especially in higher-end clubs. If there aren't fines and minimum shift requirements you're going to have no one showing up for the slower days and then 70+ girls on a Friday and Saturday nights. In a perfect world money would be enough of an incentive to show up and do your job, but a lot of dancers really are lazy and want to take advantage of their "independent contractor" status just as much as the owners and management do.

Do I like being fined $200 for missing a shift? No, but I should have just showed up for the day I put myself on schedule for in the first place.
motorhead
11 years ago
"I also find it funny that most of these law suits do not happen until the dancers are no longer working at the club"

I was gonna point this out too Mr Cat.

She danced for 7 years. Where was the lawsuits then when she was enjoying her flexible schedule and tax free income.
gawker
11 years ago
Duo - Dont I remember you said you worked at Thee Dollhouse?
duomaxwell
11 years ago
@gawker - Yeah, back when it was in the other building across the street from Secrets (I think that's the name of the other club).
deogol
11 years ago
Well, if they are really following the show biz way, they pay a house fee, like a band or play troupe, and everything from then on is theirs.

Of course, the initial pay off is pretty steep (could be different levels for different days/nights though.) But I bet it would get them out of the dressing room and stop ignoring the ones they don't want to sit with.

The house owners probably realized the steep pay and made it more of a pay-as-you-go method for the sake of the dancers who have some serious investment in costumes, make up, gym memberships, etc.

Of course, returning to this is a good way of getting only the truly professional (aka not drug addicts and their associated legal drama) in the club.
duomaxwell
11 years ago
^ Usually house fees are more expensive the less days/hours you work, and if you put in their "minimum shifts" (usually 3 or 4) and get there before a certain time (say, 8pm) the house fee is under $20 or non-existant.
deogol
11 years ago
Yea that would be unusual in the "legitimate" marketplace.
gatorfan
11 years ago
What happened to THEE OLD DOLLHOUSE?
ilbbaicnl
11 years ago
@Duo so the house fee is partially or in full a fine for not working certain hours. When the recipient of your services also controls you work hours, that is a major criterion for the IRS considering you to be an employee.
duomaxwell
11 years ago
@ilbby - Sort of, it's more like a booth rental at a hair salon or something similar.
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