Some women turn to exotic dancing not only because the pay can be lucrative, but also perhaps they feel that there are few other professions they could work in.
When these feelings occur, it is easy for an exotic dancer to overlook unfair treatment that may be going on at the club or discotheque, especially if the tips are plenty.
That is why the Texas overtime lawyers at Kennedy Law Firm wanted to provide information on strippers and wage laws, so that exotic dancers receive the compensation that they have worked hard to earn.
It is important for an exotic dancer to know, he or she should be treated as an employee and not an independent contractor. A club owner might tell the dancer that since their income comes straight from the customer, or club patron, that they should not have to pay the dancer an hourly wage. This is not the case, and not complaint with the Fair Labor Standards Act.
For example, in a recent case involving exotic dancers in Atlanta, Georgia, club owners claimed that their dancers should be independent contractors, but the judge used the following criteria to dispute their claims and side with the strippers. The judge determined that:
- The club exercised a reasonably amount of control over the dancers
- Experience or training was not fully required to work there
- In order for the club to be profitable, it was vital that there be dancers
- The risk of profit or loss was held more by the club than by the dancers
- Each individual dancer contributed less of an investment into their performances than the club
All of these criteria point to the fact that strippers in Texas are entitled to a fair minimum wage, as well as overtime pay at one and a half times their regular hourly rate for all hours worked over 40 in one week.