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Thread: Is this even legal??!

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    Veteran Member lady_lazarus's Avatar
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    Thumbs down Is this even legal??!

    I've been working at flash dancers in nyc and I called in sick with food poisoning today :-( the MOD is charging me a $200 fine! So I can't work on Monday unless I pay $200 plus $80 house fee and tip out...how the hell is it legal to fine an independent contractor $200....or even $10 for calling in sick?

    I auditioned at ricks yesterday and worked same day. They don't have stupid rules like this but the $ is certainly not as consistent as FD although I did well in VIP. So I might just have to suck it up, pay nearly $300 to work at FD....I'm so angry about this.

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    God/dess shanna dior's Avatar
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    Default Re: Is this even legal??!

    It's not legal, but the sad reality is that there's not much you can do about it - certainly nothing that will allow you to keep working at that club.

    I mean, you could try and take them to court and that might even go well given all the past successful cases of dancers going after clubs that treat them as employees, but then you'll be outing yourself as a dancer and there's no guarantee you'll even win back enough to justify all the time and energy. I believe the Deja Vu class-action lawsuit only awarded dancers $500 each, which is hardly an amount worth all the effort.

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    Default Re: Is this even legal??!

    It's unfair, but it happens at most clubs (unless you can provide a medical certificate). It's $150 at my club.
    “Give a girl the right shoes and she can conquer the world” -Marilyn Monroe

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    God/dess simone87's Avatar
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    Default Re: Is this even legal??!

    i don't believe that charging a house fee at all is really legal, so that's kinda beside the point.do you have a doctors note to bring in? the money may be good but if they are going to act that way i would definitely have a backup club. you have a life, you are a person who gets ill, has emergencies, has a LIFE, not a robot designed to make them money. if they can't understand that, i'd say move on

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    Featured Member Starling's Avatar
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    Default Re: Is this even legal??!

    Quote Originally Posted by lady_lazarus View Post
    I've been working at flash dancers in nyc and I called in sick with food poisoning today :-( the MOD is charging me a $200 fine! So I can't work on Monday unless I pay $200 plus $80 house fee and tip out...how the hell is it legal to fine an independent contractor $200....or even $10 for calling in sick?

    I auditioned at ricks yesterday and worked same day. They don't have stupid rules like this but the $ is certainly not as consistent as FD although I did well in VIP. So I might just have to suck it up, pay nearly $300 to work at FD....I'm so angry about this.
    I'm sorry you had such a bad experience. Just one of the reasons I really don't like that chain.

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    Veteran Member BANHammerGoddess's Avatar
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    Default Re: Is this even legal??!

    bop around other clubs for a month or two and then go back and see if they say anything?

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    Default Re: Is this even legal??!

    usually this happens when they want you to leave...if you pay and keep working theyd probably fine you another 100 for chewing gum or being too drunk or other bullshit reasons. they will keep fining you till you quit, I say quit now and if you really miss it go back in 6 months. there are tons of other great nyc clubs.

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    Featured Member Starling's Avatar
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    Default Re: Is this even legal??!

    Quote Originally Posted by charlotte. View Post
    usually this happens when they want you to leave...if you pay and keep working theyd probably fine you another 100 for chewing gum or being too drunk or other bullshit reasons. they will keep fining you till you quit, I say quit now and if you really miss it go back in 6 months. there are tons of other great nyc clubs.
    I don't think this is necessarily the case. I have worked for this chain before and I think its the case of the club being greedy. This chain also has the worst VIP cut out of all the clubs in the city.

    Op, are you shopping around for other clubs atm? Honestly I know Flash is supposed to be the most consistent and I think they know this, which is why they pull shit like this.

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    Veteran Member BlasianBytch's Avatar
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    Default Re: Is this even legal??!

    I'm shocked such a high class club would have such a rule. I've only seen stuff like happen with poorly organized Hunts Points places.

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    Featured Member Starling's Avatar
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    Default Re: Is this even legal??!

    Quote Originally Posted by BlasianBytch View Post
    I'm shocked such a high class club would have such a rule. I've only seen stuff like happen with poorly organized Hunts Points places.
    I noticed that this sort of thing is a trend here in NYC, particularly the clubs where they don't issue 1099s and you don't have to give them your social, just an ID.

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    Featured Member ava$'s Avatar
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    Default Re: Is this even legal??!

    Most clubs I have worked in do shit like this, if your on the schedule and you call in or are a no show for a shift, you are fined, but I have noticed this typically happens in clubs that pay well. I guess they feel they can do that, its black mail in my opinion,lbs. They know ull bank and they know you know this so you need them in a way so they try and get what they can outta you knowing this.

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    Featured Member Starling's Avatar
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    Default Re: Is this even legal??!

    Quote Originally Posted by ava$ View Post
    Most clubs I have worked in do shit like this, if your on the schedule and you call in or are a no show for a shift, you are fined, but I have noticed this typically happens in clubs that pay well. I guess they feel they can do that, its black mail in my opinion,lbs. They know ull bank and they know you know this so you need them in a way so they try and get what they can outta you knowing this.
    Pretty much this. In NYC its the places that typically have a reputation that a dancer will do well, but those clubs often have too many rules and bullshit fines if you call out. They pretty much operate on the system that you better not be sick or *gasp* dying, otherwise you'll have to pay $200 or more!

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    Default Re: Is this even legal??!

    It's not legal, but the sad reality is that there's not much you can do about it - certainly nothing that will allow you to keep working at that club
    Technically speaking, this does not constitute 'illegal' treatment of an independent contractor business in NY. From a technical standpoint, you agreed to 'rent' club facilities on a particular night ( via signing up on the schedule ) and you are expected to pay that 'rent' whether you actually made use of the facilities or not. It is the existence of the club's rigid schedule, and the fact that you committed to a particular night on that schedule, that makes this legal.

    I'm not a legal expert by any means, but in NY the only potentially successful legal recourse would be to bring an 'employee' status lawsuit. Doing so would actually have a fairly high probability of success, since the state would love to see 'strippers' treated as employees in order to collect additional income taxes as well as additional unemployment and disability insurance premium payments from clubowners. But as others have pointed out, getting involved in such an 'employee' status lawsuit would require that you 'out' yourself ... would probably result in zero net financial gain ... and would also probably result in a NY tax audit of your finances !!!


    if your on the schedule and you call in or are a no show for a shift, you are fined, but I have noticed this typically happens in clubs that pay well. I guess they feel they can do that, its black mail in my opinion,lbs.
    From the clubowner's perspective, this boils down to a business equation. Indeed clubs that have a reputation for providing consistently high earnings potential typically have plenty of new dancers knocking on their door, thus losing an occasional dancer who refuses to pay 'rent' to the club for a night not worked is of little or no consequence to the clubowner.

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    Newbie Lana_T's Avatar
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    Default Re: Is this even legal??!

    If you're making money there, just pay the fine and don't think too much about it. Remember that if you're already have your schedule for next week and miss those days you'll have more fines. You can try waiting a month or so to go back, sooner than that and they will check the book to see if you have standing fines.

    They get aways with this no-show fine because a lot of the girls working for them are illegals and won't complain. Plus, with so many girls working/wanting to work there, they don't care if you're go back or not.

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    God/dess arielbriel's Avatar
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    Default Re: Is this even legal??!

    Flashdancers does this because they CAN. They don't require papers and they can control those woman because they can't get a job at any of the more reputable clubs in the city - ones that require socials. That's how they are there. You also get the worst cut out of the VIP prices. I prefer to work in a place I can come and go as I please and I know everyone has the right documentation.

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    Veteran Member lady_lazarus's Avatar
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    Default Re: Is this even legal??!

    Thanks for all your input ladies. I am trying some other places. I worked at Ricks Friday night and while it was horrible in terms of just making money off dances I managed to sell a few VIPs that day (same guy bought 4 in a row) so I can already see the money won't be as consistent as flash but I really like the management and the club so I'm just gonna brush up on my VIP sales skills and see how it works out for me this week

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    Featured Member Starling's Avatar
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    Default Re: Is this even legal??!

    Hope it works out well for you!

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    God/dess arielbriel's Avatar
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    Default Re: Is this even legal??!

    Lady_Lazarsus, it's like that right now because it's slow season. Once Sept hits, you won't be able to stop doing dances but yes, brushing up on your VIP selling skills will ultimately make you the MOST money at Rick's.

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    Veteran Member lady_lazarus's Avatar
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    Default Re: Is this even legal??!

    Thanks arielbriel! I have heard that summer is going to be slow. I worked on Monday and actually did really well...I think I will stick to Ricks. The atmosphere is much better for my mental health!

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    Featured Member Starling's Avatar
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    Default Re: Is this even legal??!

    ^That sounds like a good idea. And...I don't know if it's just me, but I've found the customers that frequent the Flash clubs to be especially creepy. Like obviously not wearing boxers under their pants during a lapdance and wanting to make out with you in the private room gross. It might have to do with the higher level of contact of this chain, but I've only worked at NYD and PE so maybe the creepy factor isn't the same as Flash.

    I remember at PE some guy asked me who the best grinder in the club was, and on my first day there I was doing a lapdance and I think the guy came in his pants halfway through it!

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    Default Re: Is this even legal??!

    Lady_Lazarus, I was there monday. I did average but I'm not complaining ! Whats your name?

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    Featured Member ava$'s Avatar
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    Default Re: Is this even legal??!

    Quote Originally Posted by Sansonnet View Post
    ^That sounds like a good idea. And...I don't know if it's just me, but I've found the customers that frequent the Flash clubs to be especially creepy. Like obviously not wearing boxers under their pants during a lapdance and wanting to make out with you in the private room gross. It might have to do with the higher level of contact of this chain, but I've only worked at NYD and PE so maybe the creepy factor isn't the same as Flash.

    I remember at PE some guy asked me who the best grinder in the club was, and on my first day there I was doing a lapdance and I think the guy came in his pants halfway through it!
    EWWW, who asks a dancer who the best grinder is , REALLY! Nasty ass pervs we gotta deal with sometimes, blah

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    Featured Member Starling's Avatar
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    Default Re: Is this even legal??!

    Yeah, that was pretty much my response to him. "I don't know who the best grinder is, I don't really know anyone."

    "But you would watch the girls and see wouldn't you?"

    "Yeah I'll see girls over there but I'm not usually paying attention and I'm working. It's not like we discuss this in the dressing room, 'oh yeah I was grinding that guy so hard.'"

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    Default Re: Is this even legal??!

    Quote Originally Posted by Sansonnet View Post
    ^That sounds like a good idea. And...I don't know if it's just me, but I've found the customers that frequent the Flash clubs to be especially creepy. Like obviously not wearing boxers under their pants during a lapdance and wanting to make out with you in the private room gross. It might have to do with the higher level of contact of this chain, but I've only worked at NYD and PE so maybe the creepy factor isn't the same as Flash.

    I remember at PE some guy asked me who the best grinder in the club was, and on my first day there I was doing a lapdance and I think the guy came in his pants halfway through it!
    OMG! Yes, Flash also has these creeps. Some guys go to restroom to fix their junk so you can't miss it once is pointing at you when you dance. Others would just grab your hand and direct towards their crotch. A lot of the weirdos do flock there. And I'm talking about stuff from 5 years ago. I'm sure the level of creep has gone higher.

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    Default Re: Is this even legal??!

    I've been told that a lot of the regulars rotate around to the different Flash clubs, so it's probably a lot of the same guys. I've seen guys try to fix their junk right in front of me. "Oh, uh, let me take my cell phone out of my pockets." *puts his hand down pants*

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