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Thread: Filing a lawsuit on a club....

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    Lightbulb Filing a lawsuit on a club....

    I treat a job at a club no different that any other "normal" job. I understand that (Hopefully) most clubs abide by state and federal regulations and have a legal obligation as an employer to offer fair and equal employment.

    I have heard some lawsuits filed against Rick's and such, but I would like to know if any dancer, waitresses, or staff have filed suit against their clubs for things such as:

    -Garnishment of wages
    -Defamation of Character
    -Mental Anguish
    -Racial Discrimination
    -Pandering

    I am highly upset at one particular club that I have worked for and I am considering to take legal action. I have very substantial material/hard evidence to prove these things as such.

    I am just wondering, have you heard of anyone taking legal action against a club? What are the outcomes like? What are your thoughts and opinions?

    Thanks!

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    God/dess Sophia_Starina's Avatar
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    Default Re: Filing a lawsuit on a club....

    In the last 6 months I've been invited to join 2 class action lawsuits.

    My understanding is that it takes a LONG time to get the ball rolling, one of the cases talked about stuff that happened in 2005 or 2006. It's a heck of an endeavor. I dunno which club you work for but both of the class action thingies I was notified about involved pretty MAJOR club chains. I guess if a lawyer predicts a substantial payout-$$$$ at the end of the process, they will pursue it, if not then your complaints may fall on deaf ears.
    Quote Originally Posted by Jay12 View Post
    ^What Sophia said.
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    Featured Member Laurisa's Avatar
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    Default Re: Filing a lawsuit on a club....

    Deja Vu was sued for some of the things you mentioned.

    They lost.

    It's a really lengthy process. There is a YouTube video series that is the entire documentary about the "Lusty Lady" girls suing their club for a union and employee status. You can watch that documentary to see what goes on.

    http://www.youtube.com/watch?v=ZsTBERprPYE
    If you are willing to do for one year what other's won't, you can spend a lifetime doing what other's cant.


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    Default Re: Filing a lawsuit on a club....

    I question whether the effort would be worth it for you. In terms of time, money, mental & emotional stress, etc.

    I totally understand the motivation, the principle of the matter, and wanting that shitty club to be punished.

    But is it the best option?


    There is a lot to be said for moving on and never looking back.
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    Default Re: Filing a lawsuit on a club....

    Quote Originally Posted by Laurisa View Post
    Deja Vu was sued for some of the things you mentioned.

    They lost.
    Who lost? Deja Vu?
    Quote Originally Posted by Jay12 View Post
    ^What Sophia said.
    Quote Originally Posted by yoda57us View Post
    I wish there was an "auto-like" setting that I could just have applied to all of your posts Sophia....

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    Featured Member Laurisa's Avatar
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    Default Re: Filing a lawsuit on a club....

    If you are willing to do for one year what other's won't, you can spend a lifetime doing what other's cant.


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    Default Re: Filing a lawsuit on a club....

    Oh they settled it. Interesting.

    Either way $500-$1,000 per person seems hardly worth it at the end of the day.
    Quote Originally Posted by Jay12 View Post
    ^What Sophia said.
    Quote Originally Posted by yoda57us View Post
    I wish there was an "auto-like" setting that I could just have applied to all of your posts Sophia....

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    Featured Member Laurisa's Avatar
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    Default Re: Filing a lawsuit on a club....

    Yeah. I was entitled to a $1,000 in rent credits but I didn't even bother.

    They just mailed the $500 checks September 8th.

    The rent credits can't even be redeemed yet. And if you move clubs it has to be a Deja Vu affiliate and they have to allow you to use the rent credits. What club would allow you to do that? Only the original club you worked at has to accept the rent credits.

    I don't care.
    If you are willing to do for one year what other's won't, you can spend a lifetime doing what other's cant.


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    Default Re: Filing a lawsuit on a club....

    Quote Originally Posted by Laurisa View Post
    Yeah. I was entitled to a $1,000 in rent credits but I didn't even bother.

    They just mailed the $500 checks September 8th.

    The rent credits can't even be redeemed yet. And if you move clubs it has to be a Deja Vu affiliate and they have to allow you to use the rent credits. What club would allow you to do that? Only the original club you worked at has to accept the rent credits.
    Lame.... super lame....
    Quote Originally Posted by Jay12 View Post
    ^What Sophia said.
    Quote Originally Posted by yoda57us View Post
    I wish there was an "auto-like" setting that I could just have applied to all of your posts Sophia....

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    Default Re: Filing a lawsuit on a club....

    Quote Originally Posted by Laurisa View Post
    Yeah. I was entitled to a $1,000 in rent credits but I didn't even bother.

    They just mailed the $500 checks September 8th.

    The rent credits can't even be redeemed yet. And if you move clubs it has to be a Deja Vu affiliate and they have to allow you to use the rent credits. What club would allow you to do that? Only the original club you worked at has to accept the rent credits.

    I don't care.
    What a joke. They might as well have ruled against the plaintiffs or given them Monopoly money.
    “What a caterpillar calls the end of the world we call a butterfly.” - ECKHART TOLLE

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    Featured Member Laurisa's Avatar
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    Default Re: Filing a lawsuit on a club....

    AND, you can only redeem $100/night in rent credits.

    AND, you have to notify them seven days in advance.

    AND, they send out a 1099-misc. Knowing most dancers don't pay their taxes they save a lot of money that way. They don't send out a 1099-misc any other time except that time.

    It's a bunch of bullshit.
    If you are willing to do for one year what other's won't, you can spend a lifetime doing what other's cant.


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    Default Re: Filing a lawsuit on a club....

    ^^ and that's why I just opted out.
    "You can close your eyes to reality but not to memories -Stainslaw J. Lec

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    Default Re: Filing a lawsuit on a club....

    Unless the suit goes all the way, in efforts to unionize, its a real disservice to the dancers, too. Lawsuits happen and settle and the result is a raise in fees for everyone else, when the club needs to recover its cost. A lucky few will get a minor payout to shut up and the rest of us still will get treated like shit and be subject to hazardous work environments on a daily basis. Don't sue unless its to basically shut the place down in order to open a more fundamentally fair shop. I'm all for unionizing dancers but suing strip clubs has effectively sold out a lot of us.
    "SS=stripper shit, in the same spectrum as CS=customer shit, which is within the spectrum of SaS=sales shit, which is all contained in the universe of BS=bullshit." -- Jay Zeno (mod)

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    Default Re: Filing a lawsuit on a club....

    Quote Originally Posted by Laurisa View Post
    Yeah. I was entitled to a $1,000 in rent credits but I didn't even bother.

    They just mailed the $500 checks September 8th.

    The rent credits can't even be redeemed yet. And if you move clubs it has to be a Deja Vu affiliate and they have to allow you to use the rent credits. What club would allow you to do that? Only the original club you worked at has to accept the rent credits.

    I don't care.
    what are rent credits?

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    Default Re: Filing a lawsuit on a club....

    Class actions are lucrative for the lawyers who handle them and can be beneficial for the defendants, as potential plaintiffs who do not affirmatively opt out of the class are included in the suit and settlement thereof and thereby precluded from filing independent litigation. Class action defendants have actually requested plaintiffs attorneys to sue them, so they could ascertain their potential liability for their actions.

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    Default Re: Filing a lawsuit on a club....

    I've been involved in a few such lawsuits over the years ... both class action lawsuits against 'corporate chain' clubs, as well as individual lawsuits against single owner local clubs.

    Generally speaking, such lawsuits usually result in minimal 'benefit' to the girls involved in the original lawsuit, and NEGATIVE benefits to girls working at the clubs post-lawsuit.

    As described above, the class action lawsuits brought against 'corporate chain' clubs seem to always wind up being 'settled' rather than going through the entire legal process. The 'corporate chain' club management opts to settle because it typically allows them to avoid admitting that their dancers were being treated as statutory employees ... and thus allows the 'corporate chain' club to avoid setting a precedent that all chain locations must start paying dancers tipped minimum wage, that all chain locations must start paying unemployment insurance / workers comp insurance etc. premiums on behalf of the dancers etc. Given that 'corporate chain' clubs can afford to 'lawyer up' to a far higher degree than any small group of dancers can afford to compete with - and also given that any attorney working for the dancers on a percentage of award basis is NOT going to invest YEARS worth of otherwise unpaid legal efforts to litigate appeal after appeal - there is essentially no way that dancers can 'win' anything of real value by suing a 'corporate chain' club - as exemplified by the $500 per dancer cash settlement offer after 5 years of legal delays.

    Now a single owner club is a different story. Without the 'deep pockets' of a 'corporate chain' club, the single club owner and the small group of dancers are on much more equal footing where litigation is concerned. As such, suing a single club owner involves a far higher probability of resolution in court as opposed to 'settlement'. And this is particularly true since most state DOL's will support the dancers' position that they are employees ( because the state wants the unemployment insurance / workers comp insurance money from the clubowner ... as well as the income tax revenues from 'employee' dancers ). So typically it turns out that the girls suing the single club owner will walk away from a lawsuit with an award for 'back pay' i.e. tipped minimum wage for all of the hours they have worked at the club during the past 3 years or whatever ( i.e. $2.95 / hr * perhaps 3-6000 hours, less legal fees of course - maybe $5k-$10k net per dancer) . And typically the single club owner will also be ordered by the court to start paying present / future dancers tipped minimum wage + unemployment insurance premiums + worker's comp premiums etc.

    But for better or worse, money doesn't appear out of nowhere. In order for the single club owner to afford these new 'expenses' and still remain in business, he will undoubtedly have to start collecting more customer money for the club. This typically means that the club will start to take a 50% 'cut' of all dancer private dance sales. This typically means that the club will start to 'equalize' dancer work schedules ( i.e. to work friday night, dancer must previously work monday and tuesday night etc. ) to assure that every dancer ( hot or not ) is able to earn an hourly average at or above the $ 7.50 per hour minimum wage level etc. when the $2.95 an hour tipped minimum wage + reported dancer tip income + 50% of dancer private dance sales are combined over the course of a week. And of course, as an 'employer', all dancer tip income plus private dance sales money must now be routed through the club's newly established 'employee' payroll system ... with appropriate income taxes withheld and with full income reporting to the IRS.

    The end result in this situation is that all dancers working at this single owner club after an 'employer' / 'employee' ruling is made, while receiving unemployment and worker's comp coverage for the first time, also wind up earning significantly less money. And this is particularly true for 'hot' dancers who typically were able to sell a higher than average number of private dances ( of which the 'employer' club now claims a 50% 'cut' plus fully reports the remaining 50% as taxable income with estimated taxes withheld on a weekly basis ). And an established 'employer' / 'employee' relationship has led to some bizarre lawsuits as well ... for example one 'employer' club was forced to fire a newly hired hot 25 year old dancer and hire back a recently fired 50+ year old dancer based on a successful claim of 'age discrimination' ! What's the old adage ? " Be careful what you wish for, because you just might get your wish ! "

    I would also add that, as was the case with the 'age discrimination' lawsuit above, most of the 'secondary' lawsuits mentioned by the OP i.e. wage garnishment, equal opportunity employment violation etc. all must stem from a previously established legal fact that the club is actually engaging dancers under an 'employer' / 'employee' relationship ( i.e. the dancer is legally considered to be a statutory employee ) ... as opposed to one business entity working in economic partnership with another business entity ( i.e. the dancer is legally considered to be a sole proprietor independent business ). Or put another way, absent the established legal fact that the club is acting as an 'employer' and that the dancers working at said club are 'employees', the club does NOT have 'a legal obligation as an employer to offer fair and equal employment'.

    And some other issues mentioned by the OP are 'criminal' in nature, such that any potential civil damages lawsuits must usually follow 'criminal' charges being leveed first. Thus it would be very difficult for a dancer to bring a 'pandering' charge against a clubowner, for example, without potentially exposing herself and/or fellow dancers to the obviously related charge of 'prostitution'. The flip side, which is arguably more relevant, is that any clubowner facing a potential civil damages lawsuit is immediately going to cite the ABSENCE of criminal charges as proof that the civil damages claim is baseless !

    The bottom line here is that, as a sole proprietor independent business working in economic co-operation with a club, self-employed dancers do NOT have access to gov't mandated 'employee' benefits. Nor are they covered by gov't mandated 'employee' rights / fair treatment / discrimination guarantees. Thus the necessary first step toward ANY successful lawsuit being brought against a club by dancers usually involves proving and legally establishing that an 'employer' / 'employee' relationship actually exists between the club and the dancers working at said club. As discussed above, this is a de-facto impossibility where a 'corporate chain' club is concerned, because no group of real world dancers is able to pony up the hundreds of thousands of dollars in legal fees necessary to 'outlast' the legal challenges and appeals that the 'corporate chain' club can afford to throw up in its own defense. And absent the legal establishment of an 'employer' / 'employee' relationship, virtually all 'secondary' lawsuits brought against clubs are going to fail on the basis that the club has no legal obligation to provide 'fair treatment' or other 'employee' rights to workers who actually legally work for an independent business entity ( i.e. themselves ).

    ~
    Last edited by Melonie; 10-01-2011 at 04:57 AM.

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    Default Re: Filing a lawsuit on a club....

    Quote Originally Posted by papillonluvr View Post
    ^^ and that's why I just opted out.
    Ditto.
    Quote Originally Posted by Jay12 View Post
    ^What Sophia said.
    Quote Originally Posted by yoda57us View Post
    I wish there was an "auto-like" setting that I could just have applied to all of your posts Sophia....

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    Default Re: Filing a lawsuit on a club....

    While not as well informed as the ladies that have the personal experience of first hand knowledge in regards to suits...I have noticed one thing. That is the point that frequently when lawsuits are brought; they are initiated by ladies that have already left the business and won't suffer the consequences of future changes at the club that may result due to findings in the lawsuit. Basically, they dont care if it results in a work schedule or higher payouts or a 1099 being issued as they will have moved on after securing what they hope to be one last 'payday' from the clubs. They do however, risk closer scrutiny on how honest they were in paying taxes if the suit goes to court. Difficult to claim they worked thirty hours a week and want back pay and not have earned something reasonable to justify working night after night...month after month.

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    Default Re: Filing a lawsuit on a club....





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    Default Re: Filing a lawsuit on a club....

    the point that frequently when lawsuits are brought; they are initiated by ladies that have already left the business and won't suffer the consequences of future changes at the club that may result due to findings in the lawsuit. Basically, they dont care if it results in a work schedule or higher payouts or a 1099 being issued as they will have moved on after securing what they hope to be one last 'payday' from the clubs.
    Indeed this is the basis of a long-standing joke where single owner clubs are concerned ... that suing the clubowner in an attempt to recover unpaid tipped minimum wage income, based on the argument that the dancer was actually treated as a 'statutory employee' by the clubowner, is the only type of 'retirement fund' available to dancers !!!

    And indeed the results due to findings in such lawsuits DO have a negative effect on dancers who continue to work at that club as 'statutory employees'. The most obvious is greatly reduced earnings potential, driven by the massive increase in the club's 'cut' of dancers' private dance / VIP / CR sales that's necessary to fund the $2.95 an hour tipped minimum wage payments to all dancers, to fund worker's comp and unemployment insurance premium payments etc. In the handful of instances I've been involved with where a club was ordered to start treating dancers as 'statutory employees', the first move by myself and other top earning dancers was to 'get the hell out of dodge' to avoid 1/2 of our earnings from being 'confiscated'. And once the top shelf dancers left, and new top shelf dancers refused to work at the club as 'statutory employees', the club, its clientele, and the earnings potential of the remaining dancers rapidly slid downhill. In response to this, some of the remaining dancers quickly figured out that, while 50% of their 'conventional' earnings would be 'confiscated' by the club as well as officially reported and taxed, none of their cash earnings from providing 'extras' would be 'confiscated' or officially reported !!!

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    Veteran Member bluexxxtasy's Avatar
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    Default Re: Filing a lawsuit on a club....

    also keep in mind alot of clubs already know that girls may want to "find a reason to sue" so they have already prepped themselves how? one day u walk in the club and u have to resign the paperwork u filled out on day 1 u started at said club..

    heres the kicker...

    the contract says for u to have a laywer look it over but yet u have to sign it that night or u cannot work... or if u do get to take it home to "look it over" sign it and bring it back, you will not get a copy no matter what..

    whole point of resigning? you can agree to the few paragraphs saying that u cannot and will not sue club for various reasons. mind u every paragraph they tell u what happens because u are independant contractors and should u become employees what that will take away.

    those that refuse to sign it..get fired. on the spot no questions asked.

    moral? read before u sign.
    still here.... just in another chapter..

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    Default Re: Filing a lawsuit on a club....

    ^^^ this has been going on ( independent contractor disclaimers and b2b agreement not to sue ) for quite a while in Manhattan clubs ... probably because some of the earliest dancer class action lawsuits originated in this area. The Manhattan clubs even throw in disclaimers regarding limited / no club liability if an independent contractor dancer should be busted, independent contractor dancer responsibility for making themselves aware of which possible in-club activities are legal or not, and a bunch of other fine print which basically boils down to the club being responsible for nothing and the independent contractor dancer being responsible for everything !!! It's a safe assumption that all 'corporate chain' clubs as well as larger single owner clubs in major cities are gradually moving to 'protect themselves' in a similar manner.

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    Member AmazingAmazon's Avatar
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    Default Re: Filing a lawsuit on a club....

    Thanks for the post Melonie! I've learned something today.

    In my situation, I think its just best to change clubs and walk away - never look back, and to also write bad reviews on TUSCL and etc. Heh Heh Heh Heh,....*Evil grin*.

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    Default Re: Filing a lawsuit on a club....

    Quote Originally Posted by AmazingAmazon View Post
    In my situation, I think its just best to change clubs and walk away - never look back, and to also write bad reviews on TUSCL and etc. Heh Heh Heh Heh,....*Evil grin*.
    Good choice. Best of luck.
    Quote Originally Posted by Jay12 View Post
    ^What Sophia said.
    Quote Originally Posted by yoda57us View Post
    I wish there was an "auto-like" setting that I could just have applied to all of your posts Sophia....

  28. #25
    Emanuelle
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    Default Re: Filing a lawsuit on a club....

    I've noticed lately that the clubs I'm getting hired at have me sign a waiver of my right to join a class action lawsuit as part of the dancer contract. These people really are total shit.

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