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not getting paid Ohio

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  • not getting paid Ohio

    The owner of the bar where i work does not pay us for our nightly shifts (among other shady things)- we only make tips- is that leagal? and if not how do i take action?

  • #2
    Are you an employee?

    If so, the employer must pay you $3.50 per hour plus tips. If that total, divided by hours worked is less that $7.00 per hour, then the employer must make up the difference.

    I ask about being an employee because it is very common for exotic bars to classify the dancers as independent contractors (and get away with it, legally). In such a case, the dancers not only are compensated solely by their tips, which may be well below minimum wage for the hours worked on a slow night, they may be required to PAY money to the bar for the privilege of dancing there. It is possible for that fee to be more than the tips earned in the night, so the dancer works several hours and leaves work several dollars poorer, not richer.
    Last edited by ScottB; 01-26-2008, 03:13 AM.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Do we know the poster is an exotic dancer?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        What is your occupation - what do you do at the bar? Thanks.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Originally posted by Pattymd View Post
          Do we know the poster is an exotic dancer?
          Nope, we don't, but that is the only job in a bar that comes to mind that could collect tips only.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            i ended up quiting the bar - but no we are all bartenders - none of us have "danced" lol any help for my friends would be great tho

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            • #7
              You should file a wage claim for that unpaid $3.50/hr. It should work, but it cost you nothing to try. The legal burden of proof is on the employer to show it is not owed.

              Bartenders are certainly legally employees.

              You might also want to read the federal tip rules.
              http://www.dol.gov/dol/topic/wages/wagestips.htm
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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