Ex-Dancer Sues Strip Club for Misclassification

The misclassification controversy is not exclusive to the gig economy. As the gig economy’s problems seem to escalate, problems are growing in other industries as well. In Daytona Beach, a former dancer at Grandview Live is suing the strip club claiming they owe her back wages because they misclassified her as an independent contractor when she was allegedly an employee.

Brittany Hall, former dancer at Grandview Live in Daytona Beach, claims that due to the club’s misclassification, she allegedly earned less than minimum wage and was not paid overtime. Hall, like the other exotic dancers at the club, was paid strictly in tips from customers. She worked at the strip club for over two years without overtime and receiving less than minimum wage, which attorneys for the plaintiff claim is fairly standard in the industry.

Hall claims Grandview Live owes her money because they violated wage and hour law by paying her less than minimum wage and failed to pay her overtime hours she was due. Hall also alleges that the club took tips from her in addition to their other employment law violations.

California legislature recently passed Assembly Bill 5 which will require companies to treat their workers as employees if they meet certain standards. The bill is set to go into effect January 1, 2020 and will have a massive impact on gig economy companies like Uber and Lyft and DoorDash. But it will also benefit workers like Brittany Hall, working in industries that have been around since before smartphones and apps were introduced.

Sometimes employers misclassify workers unintentionally. In some cases, it is an honest mistake. Other employers actively and purposefully misclassify their employees in order to maximize profits and minimize costs. Employers have major incentives to shift workers off their payrolls due to taxes, unemployment insurance, workers compensation premiums, etc.

If you are misclassified or if you are not being paid overtime wages for all your hours worked, please do not delay. Get in touch with one of the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik DeBlouw LLP so we can help.