When a company’s failure to pay wages earned and due affect more than one employee, it can cause disruption in the workplace and leave staff with feelings of mistrust. Recently, multiple dancers from a Texas club made the decision to pursue a lawsuit against their place of work. They believe they are owed compensation from their employer’s failure to pay wages earned and due.
A total of 16 current employees and a former dancer have legally pursued the club for what they believe are missing wages. The employees are paid on a commission and tip basis without an hourly rate. Reports indicate that the group intends for the initial suit to become a class action lawsuit including other workers who may not have been compensated for minimum wage and overtime worked.
According to reports, the employees of the Texas club work on a commissioned and tip based pay, and are not compensated an hourly rate. They are further required to hand over a portion of their tips to their employer at the completion of each shift in addition to splitting certain commissions earned. It can be difficult for an employee to guarantee they are earning minimum wage when portions of their income are collected and kept by the company.
Regardless of how a rate of pay is earned, either through salary or tips, an employer in Texas is still required to meet state minimum wage requirements. Failure to pay wages earned and due can result in serious consequences for a business that is caught trying to withhold compensation from their employees. A worker who believes they have not been paid accordingly for the work that has been completed may seek help in opening an investigation and collecting their rightful income.
Source: breitbart.com, "San Antonio Strippers Challenge Industry Wage Laws", Kenneth Webster, July 15, 2014