On January 8, 2020, Kristensen LLP filed a collective action (not a class case) on…
February 11, 2021 – Virginia Beach, Virginia
On Thursday, February 11, 2021, Attorney John Kristensen of Kristensen LLP filed a Complaint on behalf of their client in the United States District Court for the Eastern District of Virginia, Norfolk Division.
The lawsuit was filed against a gentlemen’s club located in Virginia Beach, Virginia. The Complaint is very similar to the many lawsuits that Kristensen LLP has helped file on behalf of its clients regarding common labor disputes in the gig industry.
Gentlemen’s clubs all across the country have a tendency to pressure their dancers into signing independent contractor agreements, excluding dancers and other talent from being paid fair wages and tips.
Recently, as is the case in other ongoing labor disputes in which Kristensen LLP has represented and continues to represent clients, courts have been ruling in favor of dancers, citing how the “employee” designation is defined under the Fair Labor Standards Act.
In this case, Attorney John Kristensen will seek to prove that his client should have been considered an employee of the club at which she danced. Should the court rule in favor of the Plaintiff, Attorney Kristensen will seek damages for his client.
In labor disputes, when judges determine that dancers are employees rather than independent contractors (as they have been), plaintiffs are often entitled to damages. That is, wages and tips owed, which may include overtime pay, as well as other financial compensations.
Virginia’s labor laws are pretty standard, establishing a clear understanding of minimum wage, meal breaks, workers’ compensation, overtime pay, and more. Further, employers in the State of Virginia face the same tax liabilities as in most other states, where the classification of a dancer as an employee would mean having to pay Social Security and Medicare taxes. This is why most clubs prefer to sign dancers on as independent contractors – because the tax burdens fall on the dancers.
This lawsuit will be no different than any of the previous labor disputes that Kristensen LLP has brought to court in defense of the rights of dancers and other workers in the gig industry. We will see it through to the end that our client is recognized as an employee, and receives the damages they’re entitled to.