Suing A Strip Club?
Location: New York
I recently quit a strip club in New York State where I worked for almost two years and I believe I was misclassified as an independent contractor, but in practice, I was treated like an employee. I have strong documentation and evidence showing this.
The problem is, I did sign a contract that frames me as an independent contractor, and it also included an arbitration agreement. From what I understand, arbitration could make it harder to win and might even require me to pay the club’s attorney fees if I lose.
Given all this, should I pursue a claim or would the contract/arbitration agreement make it too risky? Here are some things that fall under misclassification that I’ve documented.
- Required to sign in/sign out each shift but they only count your shift as starting once you’re dressed and out on the floor.
- Required to work minimum 6 hours every shift or pay a fee to leave early or come in after a certain time.
- Not allowed to set prices for private dances.
- Club sets dance prices/timing.
- Not allowed to pick our own music.
- Required to go on stage.
- Club takes a cut of every private dance, we are required to tip out staff and pay a non negotiable fee to work.
- Not allowed to leave the club premises once signed in.
- Not allowed to work weekends if you don’t work at least one weekday.
- Club controls interactions between customers and dancers and we can be fired/fined/reprimanded if they don’t like our interactions. It could be something as simple as a walking away from a customer that’s not spending money and the club can reprimand you for that.
- Club controls how we get paid. We have to go through the club for all private dances, and they don’t pay us upfront, we get a tokens to redeem at end of the night to get paid.
- Club doesn’t allow us to get dressed until we cash out our tokens and tip out all required staff.
- We also cannot accept payments from customers like Apple Pay, Cash App, etc. it all has to go through the club first so they take a cut.
- Club also requires we give them our one dollar bills and cash them in for bigger bills.
I documented EVERYTHING every single shift I work for almost two years as well.
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