Los Angeles, CA: Exotic dancers at Larry Flint' Hustler Club in New York have filed an employment class action lawsuit alleging they were misclassified as independent contractors so the club could deny them minimum wage and overtime pay. The lawsuit claims the club is in violation of the Fair Labor Standards Act
According to the complaint, the exotic dancers were deprived of their rights under federal and New York state laws, specifically that the adult night club denied them minimum wages, overtime compensation and spread-of-hours pay, and keeping their tips from customers.
"Adult clubs such as Hustler are well-positioned to take advantage of entertainers and deny them basic workplace rights,"the complaint states.
The complaint was filed on behalf of dancers and entertainers who allege they were denied their proper wages. The named defendants in the lawsuit are the Hustler Club and its owner and operator CMSG Restaurant Group LLC and its principals Anthony F. Grant, Michael A. Grant, Joseph A. Sullo and Jason Mohney.
Additionally, the lawsuit contends that the Hustler Club collects unlawful house fees or "rental fees"from entertainers for each shift that they work and requires entertainers to pay additional fines if they are unable to work a scheduled shift.
According to the lawsuit, the club extracts the tips from the dancers and entertainers by requiring them to share their tips with other workers, such as house moms, DJs and hair and makeup artists, who "do not provide customer service,"the suit states.
Further, the club issues something called "Beaver Bucks"that customers can buy to use as a form of payment or to tip the dancers with instead of cash, the suit states. But when dancers go to exchange the club scrip for actual cash, Hustler takes a portion of the tip value for itself so dancers do not receive their tips in full, the complaint states.
Plaintiffs are represented by Justin M. Swartz, Deirdre Anne Aaron and Olivia J. Quinto of Outten & Golden LLP.
The case is number 1:15-cv-01181, in the U.S. District Court for the Southern District of New York.
