Strippers Have Rights. But Do They Want Them?

It's 9 on a Tuesday night, and Jaguars Dallas, a big, boxy strip club between is almost empty. The club doesn't have many neighbors, just a row of truck lots and vacant yards, plus one friendly rock 'n' roll strip joint called the Clubhouse. Jaguars is trying for something more sophisticated, from the oversized Roman-columned façade to the round tables ringing the stage, each topped with a crisp white tablecloth. A disco ball shines a blue light over the main room's cheetah-print carpet, illuminating thousands of stains, as a cheery blonde circulates among the few customers, handing out hugs, plopping down in laps to say hello.

A woman is sitting at the bar in the back. She's slugging a Corona and adjusting her black-framed glasses, which match her black bra, frilly tutu and determined expression. A tattoo, a simple line drawing of Texas, graces her ribcage, and the cups of her bra stand at some distance from her chest.

"I pay $30 just to work," she grouses. "That's if I get here at seven." Ten bucks go toward the standard house fee, she complains, 10 more to the house mom and 10 more to the DJ.

AT 22. She used to work at a bank. She liked that much better. But car problems, combined with the urgency of feeding a 15-month-old son, sent her searching for something more lucrative. The money here is decent, she says, but stripping doesn't come with a lot of fringe benefits. Her son's on Medicaid. She has no healthcare.

"If I fall off that pole, I'm on my own," she says, flinging a skinny arm toward the stage.

Ten minutes later she's on her back at the edge of the stage, a kittenish smile on her face. Her stiletto heels are balanced on the shoulders of a guy in a suit who's methodically tucking bills into her G-string. On a good night she leaves Jaguars with around $600 — not a bad haul but hardly a killing by Dallas strip club standards. When she worked at Cabaret Royale, an all-nude 18-and-over club, she often walked out with $1,000 or more.

While she collects her singles on the stage, a manager appears at the bar. "I understand you've been asking questions," he says. Being interviewed upset the girls, he says. He can't have people in here making them uncomfortable. A reporter's business card, handed to her moments before, appears in his hand; he snaps it between his fingers before it vanishes into a jacket pocket. "I'd like you to call it a night," he says, and folds his arms.

Technically, she isn't the manager's employee. She's an independent contractor, a sort of freelance lap-dance consultant. But to labor lawyers and the government, the relationship between strippers and their clubs looks an awful lot like employment: Dancers have some set shifts, are required to be on stage at certain times, have specific dress codes (one high-end Dallas club has a "no booty shorts" rule) and even pay "emergency" fees for leaving a shift early.

But classifying dancers like her as contractors allows the clubs, like the many businesses that make use of the practice (including newspapers) any number of benefits to their bottom lines. They don't pay overtime, minimum wage, worker's comp or payroll taxes. It's a system employed by virtually every strip club in Dallas and across the country, with a few notable exceptions. (San Francisco's Lusty Lady is the country's only union shop; only a small handful of states, including Illinois and Massachusetts, have clubs where dancers are classified as employees.)

It's been this way for decades. But the independent contractor system, at least for strip clubs, is suddenly taking heavy fire. Current and former strippers are filing class-action lawsuits against clubs, claiming that they have been improperly classified as independent contractors. The suits, which have been won by strippers in at least 10 states, ask for back pay and damages, with settlements that sometimes run into the millions of dollars. And a Dallas-based strip-club business may be next.

But dancers across Dallas, one of the biggest planets in the stripper universe, are skeptical that the lawsuits will affect their bottom lines for the better. They argue that the lawsuits will actually threaten their income stream while handing to lawyers a bonanza in fees just another set of hands grasping at the glittery wads of cash jutting from their G-strings.

"Everyone sees sex workers as a cash cow," says a former Dallas stripper who switched to escort work because she found it less stressful. (With all the fees and fines, she says, she finished more than one shift owing the club cash.) "By the time the money reaches you, there are people trying to take their bit out of it of the entire route."


http://www.dallasobserver.com/2011-1...hey-want-them/
Awesome read
Dancers are not employees of the club. From what you revealved in your post I have to say that most of it is wrong. 10 Laides won 10 lawsuits in 10 states for employment law violations?

Do you think the dancers pay any social security? No I dont think so. If the dancers are not paying social security then the club does not have to pay the "matching" part, there are no time sheets, no time carsds, no documentation of the hours worked. End of lawsuit. You cant prove it, you wont win it.

The ladies I am sure sign some document agreeing to the $30 day fee, when they will dance, what they can wear whatever. The club owns the property, they make the rules for both customers and dancers. Violate the rules, they will probably ask you to leave.

Now labor unions have been trying to get into the restaurant business for years and form a union for both hourly and management, but I dont see that happening. The cost of setting up such a union and to administer a union would cost the hourly workers and managers more than they understand. You start taking money out of the lower paid employees pockets, they soon quit paying or quit the union.

Texas is a "right to work" state, you dont have to be in a un uion to work and the employer(titty clubs) can hire nonunion and thats the end of the story.

Not saying I condone what management does with the dancers, but to form and actuallym operate a union in this industry probably wont work. Just my 2 cents.
LazurusLong's Avatar
Well, it appears that as of October 2011, there is at least one lawsuit being filed with 3 dancers and one club.
http://blogs.dallasobserver.com/unfa...ourt_three.php


They are suing Jaguars Gold Club. At the bottom of the article is a link to the lawsuit.

Of course I am not a lawyer but I found this one part interesting with regards to how tips are handled under federal law:
"Plaintiffs' only compensation is in the form of tips from club patrons. Moreover, Plaintiffs are required to divide their tips with Defendants and other employees who do not customarily receive tips."

I know there have been issues in the restaurant industry where servers have been required to do tip share with those who don't get tips and from what I recall reading, that has been found to be a violation of the Federal wage laws so even in Texas the restaurants are very careful about tip sharing.

Only time will tell how this turns out. Don't forget that almost every strip club in Dallas requires a stripper to work either a Sunday or a Monday in order to dance so I'd hazard a guess that forcing them to work one of those days might influence whether they are true independent contractors or not.

Do you think the dancers pay any social security? No I dont think so. If the dancers are not paying social security then the club does not have to pay the "matching" part, there are no time sheets, no time carsds, no documentation of the hours worked. End of lawsuit. You cant prove it, you wont win it. Originally Posted by durango95
Unless things have changed, clubs do give dancers a paycheck and they do take social security out, or at least they did about 5 years ago. They pay a waitress wage of like 2.15 an hour. At the club I worked in for damn near a decade, they wouldn't pay us our 2.15 an hour if we weren't ready to be on stage by say, 10 am for day shift and 7pm for night shift. So if we weren't ready by then, no hourly pay for that day.

But if you got a check, SS was taken out just like any other paycheck. Again, this may have changed, but I have been out of the loop since I figured out that providing is much more lucrative.
I was about to ask, are you a writer or something? Then I noticed the tiny link that you so subtly and inconspicuously tucked under at the end of the post. Nice try!
Some errors. CR has never been BYOB. The amounts made are far out of line with the average tips received in the last few years in most clubs.

I am not aware of any club that pays dancers any regular wages. Some will pay a shift bonus if a dancer is on the floor, ready to go at a specific time. The only wages reported on the dancers are the shift bonuses (not 100% on this) and if the customers use "Club Money" that gets charged to the customers CC. Its possible some clubs may be different but I am not aware of any local clubs that vary from this. If they issue a paycheck, as indipendent contractors all SS and payrole taxes are the dancers rsponsibility and those would NOt be taken out of the check but would be reported to the IRS as the end of the of the year. Again, this may be different in some clubs but that is standard for IC workers.

BTW, Burch Management is also facing a possible lawsuit on this topic here localy. Could be years before any lawsuit is settled.

If it goes against the clubs, combined with the possible rulings on the head tax issue, it will drive many out of business until they can reopen under "new management". As its possible MORE money could come out of the pockets of the dancers, many may not be happy if the wage issue goes in favor of the dancers. Also, if they win, we as consumers will likly see higher cover charges, drink prices, and higher dance fees. We the consumers are the source of their money. We will end up paying for things in the long run.

I am not against the dancers making better wages. But, even in these bad times, I know dancers that continue to make good wages because they work at it. Others, even better looking dancers, are sitting there wishing for the "Good Old Days". As with you ladies, work ethic has so much do do with income and success. Its a job, you have to work to be successfull.

I too am self employed. If I dont get up and work, I don't make any money. When I slack off, my income drops, when I get out and hustle, it goes up.
LazurusLong's Avatar
If a dancer is not making tips at a strip club, there are plenty of reasons why. WAY too many for any one person, even Logan, to try and list here.

My own opinion is that the tipping of the DJ and "house mom" should not be required. I hear too many stories of things getting stolen out of locker rooms so just what does a house mom really do to earn her tips in the first place?

And as to the DJ's.

Extorting cash from the dancers to play the songs the dancers tell you is bullshit. That's their job, if they can't do that, there are a ton of unemployed wanna be DJs all over Dallas who love would to replace them and not extort the dancers. It's not like the DJ's need to be creative and create song lists at a strip club. In my own years hitting them, most dancers would have a CD burned with the songs they wanted played and just hand it to the DJ when they checked in at the DJ booth. How tough is that? The DJ spiel? Hell, watch one cheesy movie that has a strip club scene with an obnoxious DJ with the volume too high making comments and voila, you too can be a DJ in a strip club.

DJ's will skip a dancer's spot in the rotation for cash and that is a double edged sword. If a dancer is at a table where customers are buying drinks and dances, that is making the club money and taking her away to go through the stage rotation when she is putting money in the club's pocket should not happen.
TexasDave555's Avatar
I wonder if the attorneys will take lap dances in exchange for their fees?
Red Tex's Avatar
Dancers have not been paid wages in years. Part of me wants them protected as far as their health goes, but how much will that cost overall? If the are employees then they can be servers or work on commission. But who is to say how many dances they do? Will it be like at clubhouse where the dance room is $30 but $5 of each goes to the house?

They want the cash so they can have the unreported income.

I know I love it when I am paid in cash.
Red Tex the providers pay you in cash? YOU STUDD!!!!
I am not aware of any club that pays dancers any regular wages. Originally Posted by Bubba3452
King's Cabaret on Industrial. Spoke with my old manager (his Dad owns King's and owned the club I worked in, that is now closed). They pay a waitress wage. Not independent contractor, as most clubs pay "shift pay" for that official position. I knew I wasn't delusional LOL

So it depends on the club and ownership. Some clubs do pay dancers in the form of a paycheck, and social security is withheld like any other employee that is collecting a check. Just depends which club. Everyone has their own rules. Bigger clubs pay shift pay and what Bubba is describing is accurate for those establishments, but not for others.

Duncan Burch is a royal prick, by the way. Just saying!
I like Kings, been there several times. I know a number of women who worked there at one time.

Sometimes the smaller, private clubs can do things the big ones do not want to do. Big is not always better.

Thanks for the clarification dear. :-)
Good point Bubba big is not always better.

Unless we are talking about the size of a woman's breast!!!!