class action Archives - Bober & Bober

Exotic Dancers Win Minimum Wage Lawsuit

Samara Bober — Thu, 23 Jan 2014 14:22:11 +0000

A court has determined that exotic dancers who performed at Rick’s Cabaret, an adult nightclub in New York, were employees covered by federal and state wage laws. A class action consisting of strippers sued the night club where they worked for unpaid minimum wages under the Fair Labor Standards Act (FLSA) and New York wage laws. The gentlemen’s club did not pay the dancers any wages, took a portion of the dancers’ performance fees, and imposed fines if the dancers violated certain rules. The adult nightclub claimed unsuccessfully that the dancers were not covered by the minimum wage laws because they were independent contractors. The court determined the exotic dancers were employees, not independent contractors, because the club exercised so much control over the adult dancers that it could be described as “micromanagement.” For example, the club required the exotic dancers to work eight hour shifts, wear stiletto heels that were a least 4 inches high, prohibited body glitter, and required any tattoos to be covered by make-up. The court in the Rick’s Cabaret case also rejected the employer’s argument that the performance fees paid to the dancers by customers could be used to meet the employer’s wage requirements because the employer did not make the performance fees part of its gross receipts, and distribute from its gross receipts some of those performance fees back to the exotic dancers. Thus, the court held that the performance fees were tips in which the gentlemen’s club was not allowed share, and were not service fees. The court’s conclusion in the Rick’s Cabaret case that the exotic dancers were covered by the wage laws was in line with many other courts. It also followed an $8,000,000 class action settlement between New York City’s Penthouse Executive Club and its adult dancers.

If you believe your employer has been illegally treating you as an independent contractor, has been stealing some of your tips, or violating the overtime and unpaid wage laws in Florida, call our unpaid wage attorney at Bober & Bober, P.A. at 800-995-9243 for a fee consultation.

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Unpaid Internships May Violate Wage Laws

Samara Bober — Mon, 17 Jun 2013 14:25:15 +0000

Employers are not allowed to refuse to pay minimum wages and overtime merely because they label workers as “interns.” While an unpaid internship can provide a valuable experience for some people, it also may result in a wage violation for an employer. An example of internship wage violations is a lawsuit brought by unpaid interns alleging overtime and minimum wage violations committed by Fox Searchlight regarding the interns’ work on the film Black Swan. In determining whether an internship may be unpaid, the court looked at six factors: “1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment; 2. The internship experience is for the benefit of the intern; 3. The intern does not displace regular employees, but works under close supervision of existing staff; 4. The employer that provides the training derives no immediate advantage from the activities of the intern, and on occasion its operations may actually be impeded; 5. The intern is not necessarily entitled to a job at the conclusion of the internship; and 6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.” Glatt v. Fox Searchlight Pictures. The court determined that two production interns who had brought the lawsuit were improperly classified as unpaid interns when they actually were employees covered by the Fair Labor Standards Act (FLSA), and entitled to wages. The interns were providing “an immediate advantage to their employer and performing low-level tasks not requiring specialized training.” The judge also allowed the case to move forward as a class action on behalf of a group of Fox Searchlight interns. This ruling interprets the trainee exception narrowly, and sets the bar very high for not paying interns.

Many people just starting their careers feel pressure to work in unpaid positions to enhance their resumes, but often such unpaid internships do not increase the odds of obtaining a paid position. Moreover, many interns realize their work should be paid, but they are afraid to complain because they fear losing their position. If you worked the time, however, you may be entitled under the law to be paid for it. For example, under the current federal minimum wage of $7.25, if you worked in an unpaid internship for forty-five hours per week for ten weeks, you may be entitled to $3,116 in unpaid minimum wages and $584.50 in unpaid overtime wages. If you have been working in an unpaid internship, call Bober & Bober, P.A. at 800-995-WAGE (9243) for a free consultation about whether you were working as an employee and are entitled to overtime and minimum wages.

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Case Alleges Illegal Tip Pool at Sonny’s Real Pit Bar-B-Q

Samara Bober — Thu, 11 Nov 2010 14:09:47 +0000

A former server at South Florida Barbeque, Inc., doing business as Sonny’s Real Pit Bar-B-Q, has filed a case in court seeking to bring a class action for alleged tip theft. Like many restaurants, Sonny’s takes a “tip credit,” and pays its servers $3.02 less than the Florida minimum wage. The server in that case claims Sonny’s maintained an illegal tip pool by using server tips to supplement the wages of non-tipped employees such as dishwashers, salad preparers, and managers who are not allowed to share in server tips. The server seeks to recover, on behalf of herself and others, $3.02 for each hour worked by each server, plus an equal amount in liquidated (double) damages.
Bober & Bober, P.A. is litigating this case on a contingency fee basis and will be paid attorney’s fee only if the servers recover money from Sonny’s. If you are concerned about being involved in this case, please be aware that the law prohibits employers from retaliating against individuals seeking unpaid minimum wages. If you have information that would assist us in the investigation of these claims, please contact us. For more information about the Sonny’s lawsuit, contact Bober & Bober, P.A. toll free at 800-995-WAGE (9243), or visit our contact page at www.boberlaw.com/.

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