Just in case you were wondering: Exotic dancers don’t qualify as independent contractors.
That’s the message in a recent Georgia federal district court ruling. Several “pole dancers” sued an Atlanta strip club operator for violations of the Fair Labor Standards Act, claiming they were due back wages and overtime.
The employer argued that the dancers worked for themselves — after a successful audition, the performer had to obtain an individual adult entertainment license from the City of Atlanta.
The entertainer is responsible for paying the $350 per year cost of the license.
The club owners added that the dancers couldn’t be considered employees, since they made all their money directly from customers in the form of tips. But the judge noted that the club provided customers with one dollar bills or other small bills — and even maintained an ATM machine that only contained small bills.
What’s more, the judge noted, the club set the prices customers had to fork over for particular types of “dances.” And the employer imposed and enforced a set of rules that resulted in dancers being disciplined if they missed a shift or were late to work.
Bottom line: The dancers met the criteria of employees, the judge ruled, adding that numerous other courts had come to the same conclusion.
The case is Clincy et al v. Galardi South Enterprises. To read the full (and lengthy) decision, go here.
