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Nightclub dancers shouldn’t have to share tips, federal lawsuit claims

Women who worked as exotic dancers at a Battle Creek night club are suing their former employer, claiming they were not paid a fair wage for performing lap dances and were made to share tips.

Women who worked as exotic dancers at a Battle Creek night club are suing their former employer, claiming they were not paid a fair wage and were made to share tips.

The federal lawsuit claims Vegas Strip Gentlemens Club did not pay a minimum wage and forced dancers to share tips with doormen and DJs.

“The amounts paid to exotic dancers by patrons in relation to dances performed were tips, not wages,’’ the lawsuit claims. “Those monies were not the property of defendants.’’

The 42-page complaint says the Calhoun County venue violated the Fair Labor Standards Act by classifying exotic dancers as independent contractors rather than as employees.

Dancers were not required to have specialized or unusual skills to work at Vegas Strip. As such, they were not considered professional performers or artists, which would have made them exempt from labor laws, said Wyoming attorney Robert A. Alvarez, who filed the class action complaint.

Vegas Strip and senior management “unlawfully charges dancers money to work by taking a portion of their tips, charging ‘rent,’ ‘house fees’ or ‘stage fees;’ requiring dancers to help sell beverages and other goods to patrons; and/or collecting fines and penalties, among other things,’’ the lawsuit claims.

The lawsuit filed Wednesday, March 14 in U.S. District Court in Grand Rapids seeks back-pay, unpaid wages and a refund of all tips. Alvarez filed a similar lawsuit earlier this year against Parkway Tropics, Inc. in Grand Rapids. He said additional lawsuits are expected in upcoming weeks.

“Most people don’t understand what the law really is with regards to paying an employee properly,’’ Alvarez said.

It is not uncommon for dancers to return 75 percent of their earnings, which hardly constitutes a fair wage, Alvarez said. Tips came from performing exotic table, chair, couch, lap and VIP room dances.

“They rely completely and totally on those tips,’’ he said. “From those tips they have to sometimes pay rent for lockers and pay others, which can actually bring their earnings below the minimum wage rate.’’

A similar lawsuit against Deja vu nightclubs, on behalf of 28,000 exotic dancers across the country, was settled last year for $6.5 million in U.S. District Court in Detroit.

A message was left with Vegas Strip on Wednesday seeking comment.

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