Case Study: Alexa Rohlsen V. Clearwater Baby Dolls
Alexa Rohlsen danced in the Clearwater Baby Dolls strip club in order to pay her way through cosmetology school. She states that she enjoys the work. She sees it as art and good exercise. She also likes to be around people. The only thing she seems to dislike about the work is when she leaves work with little to no cash in her pocket for the effort she put into her job. It’s even more frustrating when she has to pay fees to both the DJ and the club itself regardless of how much money she did (or did not) make that night.
Alexa noted that while many don’t see dancing as a “real job,” it’s really hard work. They have to go out night after night and work hard to execute tricks and stunts – they’re working hard and they’re sweating to put on …show more content…
a good show. She feels that they should be paid for their work.
While working, Rohlsen fell off the stripper pole.
She did not have insurance so when she arrived at the hospital, she was on her own. As such, she joined a growing number of other exotic dancers throughout the country that are filing a lawsuit against previous employer, Baby Dolls in Clearwater. They claim that Baby Dolls failed to pay minimum wage and overtime in violation of federal labor laws. This lawsuit, like others with similar allegations, seeks class action status to provide the opportunity for other dancers in similar situations to address the issue.
Dancers involved in the suit claim that it is industry practice to pay no wages while charging them money as they dance strictly for tips and that this is not only unfair, but illegal according to labor law. The strip club insists that the strippers are not employees. They claim the dancers are independent contractors/lessees. They describe the work relationship as the dancers renting space in the club in order to earn a nice living while the club owners handle liability issues and any political battles in order to keep the doors open and the business …show more content…
running.
In other, similar cases, judges have a history of siding with the strippers and citing the federal law known as the Fair Labor Standards Act that protects the right of workers to be considered employees (not independent contractors) and as employees, be paid wages and provided with benefits such as unemployment insurance and workers’ compensation.
Legal representation for the strip club states that the dancers would not even benefit from being considered employees claiming that they would see a decrease in take home pay.
The defendant insists that dancers see more income through tips and private dance fees that they could earn through a minimum pay wage. The Baby Dolls attorney is making it his practice to draw up lease agreement between the dancers and the club stating the arrangement as a temporary leasing of space to dance – similar to the agreement in place between many hairdressers with the salons at which they work. The agreements between the dancers and the club also include a clause that, in simple terms, has the dancers giving up their right to sue/take legal disagreements to binding arbitration.
In the specific case of Rohlsen and the Clearwater Baby Dolls strip club, there is no signed agreement on record. Although legal representation for the strip club states that other dancers at the same club have signed an agreement similar to the one described above. Strip club attorneys claim that strippers suing under the Fair Labor Standards Act are simply taking advantage of a technicality in an attempt to “double
dip.”
In response, the representation of the plaintiff states that there is no similar scheme across industries in which businesses or business owners direct the employment of their employees while simultaneously charging the employees to work at their establishment. The club (Baby Dolls) sets the rules for work. Plaintiff’s counsel provided a copy of a notice that is posted in the establishment stating a number of edicts and “rules” regarding hours for shifts and charges for dances as well as fees due from the dancers to both the club and the DJ as well as direction regarding their attire.
If you have questions regarding this or any other wage and hour suit, please get in touch so we can discuss the situation with you. Southern California employment law attorneys are ready to answer your questions and discuss your case at Blumenthal, Nordrehaug & Bhowmik.
Alexa noted that while many don’t see dancing as a “real job,” it’s really hard work. They have to go out night after night and work hard to execute tricks and stunts – they’re working hard and they’re sweating to put on …show more content…
a good show. She feels that they should be paid for their work.
While working, Rohlsen fell off the stripper pole.
She did not have insurance so when she arrived at the hospital, she was on her own. As such, she joined a growing number of other exotic dancers throughout the country that are filing a lawsuit against previous employer, Baby Dolls in Clearwater. They claim that Baby Dolls failed to pay minimum wage and overtime in violation of federal labor laws. This lawsuit, like others with similar allegations, seeks class action status to provide the opportunity for other dancers in similar situations to address the issue.
Dancers involved in the suit claim that it is industry practice to pay no wages while charging them money as they dance strictly for tips and that this is not only unfair, but illegal according to labor law. The strip club insists that the strippers are not employees. They claim the dancers are independent contractors/lessees. They describe the work relationship as the dancers renting space in the club in order to earn a nice living while the club owners handle liability issues and any political battles in order to keep the doors open and the business …show more content…
running.
In other, similar cases, judges have a history of siding with the strippers and citing the federal law known as the Fair Labor Standards Act that protects the right of workers to be considered employees (not independent contractors) and as employees, be paid wages and provided with benefits such as unemployment insurance and workers’ compensation.
Legal representation for the strip club states that the dancers would not even benefit from being considered employees claiming that they would see a decrease in take home pay.
The defendant insists that dancers see more income through tips and private dance fees that they could earn through a minimum pay wage. The Baby Dolls attorney is making it his practice to draw up lease agreement between the dancers and the club stating the arrangement as a temporary leasing of space to dance – similar to the agreement in place between many hairdressers with the salons at which they work. The agreements between the dancers and the club also include a clause that, in simple terms, has the dancers giving up their right to sue/take legal disagreements to binding arbitration.
In the specific case of Rohlsen and the Clearwater Baby Dolls strip club, there is no signed agreement on record. Although legal representation for the strip club states that other dancers at the same club have signed an agreement similar to the one described above. Strip club attorneys claim that strippers suing under the Fair Labor Standards Act are simply taking advantage of a technicality in an attempt to “double
dip.”
In response, the representation of the plaintiff states that there is no similar scheme across industries in which businesses or business owners direct the employment of their employees while simultaneously charging the employees to work at their establishment. The club (Baby Dolls) sets the rules for work. Plaintiff’s counsel provided a copy of a notice that is posted in the establishment stating a number of edicts and “rules” regarding hours for shifts and charges for dances as well as fees due from the dancers to both the club and the DJ as well as direction regarding their attire.
If you have questions regarding this or any other wage and hour suit, please get in touch so we can discuss the situation with you. Southern California employment law attorneys are ready to answer your questions and discuss your case at Blumenthal, Nordrehaug & Bhowmik.