One current and two former exotic dancers are seeking class action status against their Atlanta employer for failing to pay wages and requiring the performers to pay fees to work in the nightclub. A movement registered Oct. 1 seeks to certify a class of at least 50 similarly situated dancers who have worked in the club in the last three years, said a release from Morgan and Morgan law firm.

The workers claim the club violated the Fair Labor Standards Act by classifying the dancers as independent contractors to avoid paying them, as well as charging them to perform at the facility. The fees varied, with employees being asked to pay at least $35 for a day shift and $70 for a weekend evening, according to Law360. The dancers' sole income was based on tips received from customers.

The Morgan and Morgan lawyers said the dancers were allegedly required to attend mandatory meetings at the nightclub, but were not compensated for that time.

The lawsuit is seeking compensation for back pay, unpaid overtime wages, and unlawful kickbacks.

To avoid lawsuits, workplaces must ensure that employees are classified correctly under FLSA. In addition, maintaining time and attendance records can make it easier to settle employee time disputes.

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