The Bare Assets and Midnight Lace clubs in Texas as well as another named defendant are being sued by a former employee. She alleges that the defendants violated the Fair Labor Standards Act (FLSA). The plaintiff brought the case in a federal district court individually and also on behalf of other employees who are similarly situated.
According to the complaint, the woman worked at the clubs for three years. She alleges that when she worked more than 40 hours in a week, she was not given overtime pay. Furthermore, she was required to pay a fee to the club where she worked, which was a set percentage of the tips that she earned. The plaintiff also had to share her tips with other workers who normally did not receive tips.
It is claimed that the plaintiff and the other workers were classified as independent contractors. The woman asserts that this is incorrect and claims that, according to the FLSA, she should have been classified as an employee. Some of those conditions include the ability for the defendants to hire and terminate, being under supervision and having a schedule that she does not determine. She has asked the court to award her the unpaid overtime she believes she is owed, along with legal fees and related relief.
In accordance with the Fair Labor Standards Act, non-exempt Texas employees who work beyond 40 hours in a week must be paid one and one-half times their regular hourly rate for those hours. It certainly makes sense for employees to keep track regarding the actual hours that they work, especially concerning overtime hours, so they have it for reference if discrepancies occur. If overtime hours are not being compensated for correctly, it may make sense to consult with an experienced employment law attorney if the problem is not corrected by the employer.
Source: setexasrecord.com, “Female worker sues gentlemen’s clubs, alleging failure to pay overtime“, Molly English-Bowers, Sept. 11, 2015