Entertainers Sue Rick’s Cabaret for Failure to Pay Minimum Wage

A group of dancers is suing Rick’s Cabaret International Inc., alleging that the strip club failed to pay minimum wage and overtime compensation during their stay with the strip club’s 23 branches.

Lead plaintiffs Jazmann Espinosa and Stephanie Alverio claim in the proposed class action lawsuit that Rick’s classified them and 300 other dancers as “independent contractors” or as “employees” but allegedly failed to pay any wages. The complaint goes on to detail the rules for entertainers, showing the existing relationship between the company and the entertainers, like regulating entertainers’ attire and how they interact with customers.

“Defendants have established a variety of uniform written guidelines and policies which govern entertainers conduct at all the nightclubs nationwide,” the class action lawsuit states.

Plaintiffs also claim that Rick’s tricked them into paying the company for “the privilege of working.” The wage and hour lawsuit states that defendants have required its workers to pay a specific amount, which they call as “tip out” or a “bar fee” in order to work on any given shift. The fee varies but “generally has been at least $60 per shift.”

“If entertainers are late for work, fail to appear for a scheduled shift, or are deemed to have violated any of the club’s rules, they are charged additional fees or fines.” the wage lawsuit states.

The plaintiffs contend that the “failure to pay the minimum wage and overtime wages to Plaintiffs and all others similarly situated violated 29 U.S.C. 206 and 207 of the Fair Labor Standards Act, 29 U.S.C. 201 et. seq. (‘FLSA’) because the Plaintiffs and all other similarly situated employees do not satisfy the requirements of any applicable exemption under the FLSA.”

Aside from certifying the class, the plaintiffs are seeking restitution of all fees, fines and other charges that the Plaintiffs were required to pay, minimum and overtime wages, liquidated damages, interest, and attorneys’ fees and costs pursuant to 29 U.S.C. 216 for the period commencing three (3) years prior to the filing of this complaint.

The Wage & Hour Class Action Lawsuit is Espinosa et al v. Rick’s Cabaret International Inc. et al., case number 1:13-cv-24565, in the U.S. District Court for the Southern District of Florida.

Free Help for Employees Seeking Unpaid Overtime, Wages

Going up against a large corporation for wage and hour violations can be daunting, but banding together with other victims through a class action lawsuit can save you time, money and resources. If you were forced to work overtime or off the clock without overtime pay, were denied meal breaks, were paid less than minimum wage or suffered some other wage and hour violation, you may have the right to seek back pay and penalties from your current or former employer. Don’t delay though: the statute of limitations under the FLSA is 2 to 3 years, depending on the state. Find out if you qualify by filling out the short form at the Wage & Hour, Overtime Pay Class Action Lawsuit Investigation.