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Friday, February 11, 2011

Rick's Cabaret NYC Law Suit

'Stripper Law Blog': Another Nonexistent Blog That Needs an Author
We've got blogs on Furniture Law, Mixed Martial Arts Law, Salmonella Law ... pretty much every niche you can think of. How can there not be a Stripper Law blog? Can someone please step up? If there was a Stripper Law blog, I'd already know everything I need to know about Hart v. Rick's Cabaret Int'l Inc., a newly-certified class action filed in the Southern District of New York.
The New York Law Journal reports that the plaintiffs -- as many as 1,700 exotic dancers in New York -- allege that Rick's Cabaret International failed to pay them the minimum wage going as far back as 2004. RCII argued that the dancers were independent contractors, not employees, but Judge John G. Koeltl of the Southern District rejected that argument. Judge Koeltl found that plaintiffs had adequately alleged that the club had almost complete control over the dancers' activities, "including what music they danced to and the pace and manner of their stripping."
The court observed that Rick's dancers are allegedly required to:
  • cover all tattoos while on stage;
  • pay "shift fees" before beginning work;
  • wear heels of a certain height;
  • refrain from gum chewing;
  • schedule their shifts in advance and pay a fine if they do not come to work as scheduled.
The dancers also claimed that they are not allowed to select their own music, and are "told how much clothing to remove during each song, i.e., top only during the first song and then all clothing, save a G-string, during the second song."

* I have worked at this Rick's and I was contacted about joining in the lawsuit and I opted out because of obvious reasons. I didn't want to be caught in the middle of it or have my name involved. I do agree though with the suit. We are told we are "independent contractors" so the clubs don't have to pay us an hourly wages but yet we are expected to work under conditions similar to paid employees. Funny how that works, but really what dancer is going to go against the club where she makes thousands of dollars a week? Not me that's for sure....

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