Many dancers regret getting involved in minimum wage lawsuits. Before you file get the real
facts from an attorney who will tell you the truth about these frivolous law suits trying to put strip
clubs out of business.
Recent events have exposed just how imbalanced the results of these cases have been, with their attorneys getting the vast majority of the benefits of these cases, and comparatively minimal dancer’s awards, and, even worse for the dancers, exposing them to having to provide personal financial records and sworn statements that reveal frequently questionable income tax and other personal issues about individual dancers that they would rather not have to admit, especially “under oath.”
NO DANCER WANTS TO BE AN EMPLOYEE
The following is an illustrative description of the characteristics of an “Employee.”
• The Club can require you to work a schedule set for you by the Club for a minimum of 40 hours per week.
• The Club can require you to work one full year before taking a vacation.
• You may be required to do general cleaning in areas of the Club during your shift and before leaving.
• The Club can fire you and bring possible criminal charges against you for overcharging patrons.
• You will be paid the minimum wage provided by the law, will get reduced minimum wage, currently $8.05 per hour in Florida, or for tip credit where allowed, and be paid like wait staff (Currently $5.03 per hour, or as amended by Congress, or as defined by applicable state law).
• You will be paid for overtime (1 ½ times the normal hourly rate) for hours worked in excess of forty (40) hours per week. The Club will decide whether you are allowed to work overtime.
• You will be given an unpaid one-half (1/2) hour meal break, if you work a continuous period of 8 hours.
• You will be given paid rest breaks, during times authorized by Club management, at a rate of 15 minutes for each 4 hours worked, or major fraction thereof.
• You will be required to share tips (not “dance performance fees”) with other Club employees, where the law allows.
• You will be required to turn over to the Club ALL “Performance Fees” or “dance fees” which are charged to the customers for couch, table, VIP and private dances (excluding tips or gratuities which you receive in excess of the posted or customary dance performance prices).
• The Club will have controls over you which they regularly exert over all of the employees.
• The Club may require you to sell drink quotas, however you shall not solicit the sale of any beverages.
• You may be required to fill in for ANY other employee who does not show up for work no matter what his or her job responsibilities may be, i.e. waitress, door person, janitorial, etc.
• The Club may terminate your employment at any time without cause, and without any prior notice or warning.
• The Club can require you to work overtime as needed by the Club.
• The Club can require you to wear costumes, make-up and hair styles selected by the Club (note: If the Club decided to require you wear a uniform or other accessories distinctive as to style, color, or material, any such uniforms will be furnished to you – without cost – by the Club, and if such uniforms or accessories require a special cleaning process, and cannot be easily laundered by you, the Club will clean such uniform, as necessary, for you without cost.
• The Club can require you to produce a required quota of dances or LOSE YOUR JOB.
• The Club can require you to undergo training, including choreography, under the direction of the Club.
• The Club can require you to dance for customers selected by the Club.
• The Club can require you to dance to music chosen by the Club.
• The Club can require you to dance in a manner directed by the Club.
• The Club can require you to attend employee meetings along with all other Club employees.
• The Club can require you to perform only at this Club or at Clubs specifically approved by the management of this Club.
• The Club can require you to enter contests at any Club as management so desires.
EXCEPT FOR VERY HIGH PROFILE FEDERAL CASES ALL LAWSUITS AND SETTLEMENTS ARE AVAILABLE IN PUBLIC RECORDS. ALL OF THE PRIOR MINIMUM WAGE LAWSUITS FILED BY DANCERS ARE AVAILABLE FOR PUBLIC VIEW ON THE INTERNET
Pacer.org provides: Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information online from federal appellate, district, and bankruptcy courts, and the PACER Case Locator. PACER is provided by the Federal Judiciary in keeping with its commitment to providing public access to court information via a centralized service
Dancers Real Name Not Your "Stage Name" Is Forever In Public Records On The Internet For Everyone To See! - Dancers Under Oath Will Have To Testify How Much Money They Made Dancing At The Club – Hello IRS!!
Attorneys Get The Gold Mine - Dancers Get The Shaft!
WHAT CAN HAPPEN TO A DANCER INVOLVED IN A MINIMUM WAGE LAW SUIT
1. If you have not been honest in paying your taxes, there is the potential for both civil and criminal penalties
2. Your IRS Tax Returns will definitely be subpoenaed.
3. Your phone records, text, email, social network posts, are all subject to being subpoenaed.
4. No more “cash receipts” of the moneys independently earned at the end of a dance shift.
5. As an employee, a Dancer will likely paid by check every 1 to 2 Weeks, likely at minimum wage, with up to 20%-35% of your minimum wage or other income being withheld for taxes.
6. As an additional concern, if a Dancer that becomes an employee and starts paying taxes appears to have been negligent in their tax responsibilities in prior years, the IRS can require interest and penalties for any previously unpaid taxes. The IRS has up to 3 years to audit your tax return and 10 years to collect any tax due.
7. Any welfare assistance or other government entitlement programs that a Dancer has utilized while not divulging dancer income can be exposed and possibly cancelled.
8. If any dancer received any welfare assistance or other government entitlement program at the same time they were earning money from dancing, the failure to declare the dance income could result in a charge of “welfare fraud,” or some equally troubling experience.
9. Any Dancer will likely be the subject of a deposition, a proceeding where the Club’s attorney can ask you a number of questions, under oath, about every aspect of your job history, your family structure, any source of income, and every aspect of your personal finances, expenditures and where and how you spend your money.
10. Any Dancer that becomes an employee will now be another official taxpayer, subject to the same scrutiny and likelihood of an IRS audit as every other taxpayer and wage earner.
DISCLAIMER- ABOSLUTELY NO STATEMENT OR ANY INFORMATION IS TO BE CONSIDERED TAX ADVICE OR LEGAL ADVICE, IN ANY WAY! No Rendering of Advice. The information contained within this website or graphics is provided for informational purposes only and is not intended to substitute for obtaining accounting, tax, LEGAL or financial advice from a professional accountant. Presentation of the information via the Internet is not intended to create, and receipt does not constitute, an accountant-client relationship, or any attorney-client relationship. Internet subscribers, users and online readers are advised not to act upon this information without seeking the service of a professional accountant or an attorney of their choice. Any U.S. federal tax information contained in this website is not intended to be used for the purpose of avoiding penalties under U.S. federal tax law. Accuracy of Information. While we use reasonable efforts to furnish accurate and up-to-date information, we do not warrant that any information contained in or made available through this website is accurate, complete, reliable, current or error-free. We assume no liability or responsibility for any errors or omissions in the content of this website. Disclaimer of Warranties and Limitations of Liability. This website or graphic is provided on an "as is" and "as available" basis. Use of this website is at your own risk. We and our contributors disclaim all warranties. Neither we nor our contributors shall be liable for any damages of any kind with or for the use of this website. Links to Third Party Websites. For your convenience, this website may contain hyperlinks to websites and servers maintained by third parties. We do not control, evaluate, endorse or guarantee content found in those sites. We do not assume any responsibility or liability for the actions, products, services and content of these sites or the parties that operate them. Your use of such sites is entirely at your own risk.


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