According to CBS News, nearly a dozen former dancers at a strip club near San Jose have filed a lawsuit alleging that they were underpaid and charged to perform.
The news outlet reported that the dancers worked at the South Bay strip club named the Pink Poodle.
According to their lawsuit, the dancers said that they were not paid a minimum wage and even “threatened with retaliation” for complaining about pay. The women also said they were treated as independent contractors, which excluded them from several employment benefits, CBS News reported.
The dancers claim violations of the California Labor Code in Santa Clara County Superior Court. Each had reportedly worked for an average of 5 years at the club. The alleged misclassification as independent contractors reportedly cost the dancers Social Security benefits, Medicare and a number of other benefits available to workers employed by a company.
It should be noted that a lawsuit like this by dancers against strip clubs is not uncommon. Recently, a federal court in New York ordered the owner of Rick’s Cabaret to pay back wages to 1,900 dancers who had worked there over a three-year period.
Can I Sue If I Am Misclassified As An Independent Contractor By My Employer?
Unfortunately, in order to save money, many employers in California misclassify workers as independent contractors, making them ineligible for the same compensation and benefits that other employees receive.
This is common in many fields including dancing, trucking and hairdressing and/or salon work. If you believe that you are being misclassified as an independent contractor, you should ask yourself a few questions like:
- Are you paid by an hourly rate or by each job you perform?
- Are your work hours strictly controlled?
- Could the employer operate a business without the work you are performing?
- Does the task or job require definite skills or expertise?
If you suspect that your employment status has been misclassified, contact our employment attorneys today. Divisive staffing practices are uncalled for and bad for the public, as people miss benefits. Contact our office today to schedule a consultation.
Kesluk, Silverstein & Jacob—Los Angeles employment attorneys