Déjà Vu owners should have seen dancers’ FLSA claim coming — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Déjà Vu owners should have seen dancers’ FLSA claim coming

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in Compensation and Benefits,Human Resources

A group of exotic dancers who worked at nine Déjà Vu nightclubs over the past three years are suing Lansing-based Déjà Vu Consulting and Durand-based Cin-Lan Inc. for back wages.

The lawsuit claims Déjà Vu misclassifies its dancers as independent contractors, resulting in wages below the minimum wage set by the Fair Labor Standards Act (FLSA) and the Michigan Minimum Wage Law. It also alleges the company takes a hefty share of the dancers’ tips and lap dance fees in violation of federal law.

The plaintiffs’ attorney, Hart Robinovitch, said, “Despite longstanding case law confirming that exotic dancers are employees under the FLSA, not independent contractors, the nightclubs continue to intentionally misclassify” them.

Note: Federal law clearly states that tips are not employers’ property. For guidance on current wage laws regarding tipped employees, see www.dol.gov/esa/whd/regs/compliance/whdfs15.pdf

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