Legal Question in Employment Law in California
Im suppost to be an independant contractor at my local strip club but the owners are threatning to up our pay out because of girls calling out of work which our contract sais we are allowed to do what can i do about this!!
2 Answers from Attorneys
Well, I would suggest you may find it to your advantage, legally, to be an EMPLOYEE of the club and you MAY BE AN EMPLOYEE AS FAR AS THE LAW IS CONCERNED despite whatever contract or agreement you have. As an employee of the club they have to pay you and you cannot be forced to pay out (tip out) anyone! There have been a number of lawsuits over this issue throughout the country for dancers and some very substantial amounts of money (millions of dollars) collected for dancers from those lawsuits. Feel free to call me, confidentially, at 800-257-4841 to discuss your situation or visit my website, overtimelaw.com.
Yeah you're an employee and it is unlawful to be tip splitting and accepting payments from employees. Spearmint Rhino and a host of other establishments got sued on this and lost. They had to stop classifying dancers as independent contractors or lessees, stop stage fees, etc. You ought to find a pro-dancer lawyer to help you out in California.