Gentleman’s Club Employees Have Wage Rights in Ohio
You work hard and deserve fair pay. But employers don’t always want to treat you fairly. The owners of the club you work for might not want you to know this, but Ohio has strong labor laws in place.
These laws protect exotic dancers and others from unfair treatment by their employer.
Ohio Revised Code, including chapters 4111 and 4113 dictates minimum wage and overtime laws in the state. Also the Fair Labor Standards Act is a federal law that protects all workers from mistreatment and underpayment.
How Do Employers Mistreat and Underpay Exotic Dancers in Ohio?
Independent Contractor vs. Employee
In many cases, employers label exotic dancers as independent contractors when they should actually be employees. An independent contractor label can cost you money for a variety of reasons. But first, let’s examine the legal difference between the two classifications:
An independent contractor has more freedom than a regular employee, but they have to pay their own taxes and they are not eligible for overtime. The following are typical of a contractor/employer relationship:
- Set your own schedule (the company cannot require you to work specific hours)
- You dictate how and where you perform your job
- You do not have to use employer-provided tools or facilities
An employee works a schedule that the employer sets. In addition, an employee will work at a specific location (or one of several locations). Because exotic dancers typically have their schedule dictated, they are usually considered employees.
It is possible that your employment status has been misclassified. If so, we can help. Reach out to our experienced employment attorneys for help.
Other Wage & Hour Violations Exotic Dancers Face
Clubs that require their dancers to pay fees to work often are in violation of wage an hour laws.
Misclassification of employment is the primary way exotic dancer’s rights are violated in the workplace. However, there are several other ways your employer could be illegally taking advantage of you:
- Off the Clock Work – All work in the state of Ohio is paid. If you’re asked to arrive for your shift early and to get ready off the clock, this is a violation. Similarly, you cannot be required to stay for unpaid work after your shift.
- Charging Fees to Work – A Club cannot require that you pay to work.
- Paying Less than Minimum Wage – Even tipped employees must earn at least minimum wage. If your employer is paying you less, they are breaking the law.
If your employer is breaking the law and treating you unfairly, it’s important you get help. The experienced wage and hour lawyers at Tittle & Perlmuter are here for you. Consultations are free, and we’re happy to talk.