22.  The crux of the FLSA and South Carolina state law is, inter alia: (i) that all  employees are entitled to be paid mandated minimum wages for all hours worked; (ii) that all  employees are entitled to premium overtime compensation for all hours worked in excess of 40  hours a week; (iii) that all gratuities earned by an employee are the property of the employee;  and (iv) that wages cannot be diverted from employees to offset the business expenses of the  employer, particularly without the express, freely-given consent of the employees.   24.  Plaintiff and the members of the Nationwide Collective Class are, or were,  Dancers who worked at any of Defendant’s business locations.   25.  Plaintiff and the members of the SC Class are, or were, Dancers who worked at  Defendant’s business locations in South Carolina.   26.  Thee New DollHouse is operated by Defendant under uniform policies applicable  to all members of the Classes.  Through these policies and procedures, Defendant maintains  significant supervision and control over Plaintiff and members of both Classes.   27.  Notwithstanding  Defendant’s  classification  of  Dancers  as  independent  contractors, as set forth below, due to the amount of control Defendant has over its Dancers,  Dancers are legally Defendant’s employees.       28.  Defendant has the power to hire and fire Dancers and has specific rules governing  the conditions under which Dancers work.       29.  Further, a Dancer is required to check in with the podium host and “House Mom”  as soon as they arrive for their shift.  Indeed, there is a sign-in book that the House Mom keeps.   31.  Further, Defendant required its Dancers, including Plaintiff and members of the  Classes, to pay “House Fees” for each shift that Dancers worked.       32.  Typically, the House Fees range from $25 per shift to $100 per shift and are  changed by Defendant without any advance notice to the Dancers.     33.  It is black letter law that tips received by an employee are the employee’s tips and  an employer has no ownership interest in said tips.  Indeed, according to the DOL’s Regulations,  “[t]ips are the property of the employee whether or not the employer has taken a tip credit under  section 3(m) of the FLSA.”  29 C.F.R. § 531.52.  Despite this plain fact, Defendant unlawfully  retained a portion of tips Dancers received from Defendant’s customers.    34.  Defendant mandates the fees a Dancer may charge customers for her services.  By  way of example, Defendant maintains a policy establishing the amount a Dancer is required to  charge for private performances.    35.  For example, Defendant mandates that the price of a private “lap dance” for one  song is $30, of which a Dancer must pay Defendant $10, and that the price for a private dance  for 30 minutes is $300, of which a Dancer must pay Defendant $50.    36.  As a result, customers who believe that they are tipping Dancers a certain amount  are actually tipping them less, due to the aforementioned deductions taken by Defendant.   37.  As set forth below, these deductions are in contravention of applicable law.   39.  Upon information and belief, Defendant uses these tips paid by Dancers to offset  its ordinary business expenses.  Stated another way, Defendant requires Dancers to pay cash to  these individuals so that Thee New DollHouse can then reduce its labor costs by having the  Dancers supplement the compensation Defendant pays its other employees.   40.  The number of individuals Dancers are required to pay is numerous and the tip  amount is significant.  Defendant has a mandatory tip out policy whereby Dancers must each pay  a minimum of (i) $10 to the House Mom, (ii) $5 to the club’s DJ, (iii) $5 to the valet attendant,  and (iv) $5 to the Floor Host.  The aforementioned amounts are the required minimum “tip.”     41.  As a result of the mandatory house fees and required tip-outs, Dancers sometimes  receive little to no actual compensation despite hours of work.      42.  Thee New DollHouse requires Dancers to wear certain types of clothes, including  a “dancer’s G-string.”  If a Dancer does not have such apparel, they are required to purchase  their uniforms from the House Mom, and Defendant does not reimburse them for the cost of their  uniforms.  In addition, Defendant does not pay for the cost of laundering or maintaining these  unique uniforms.    43.  Exemplifying the degree of control Defendant has over Plaintiff and members of  the Classes, Dancers are not permitted to select their own music.   44.  In short, Defendant maintains significant supervision and control over Plaintiff  and members of the Classes and sets the rules governing the conditions under which Dancers  work.     46.  The extent of Defendant’s control over its Dancers is demonstrated by the fact  that Dancers were prohibited from performing at any competing clubs during the same period  they worked at Thee New DollHouse.    47.  Defendant has been unjustly enriched to the detriment of the Classes by:  (i)  requiring Dancers to pay money out of their tips to pay for the ordinary business expenses of  Defendant; (ii) requiring Dancers to forfeit a portion of their tips to Defendant; (iii) paying  Dancers less than the mandated minimum wage while failing to comply with the requirements  for doing so; and (v) failing to pay Dancers premium overtime compensation for all hours  worked in excess of forty in a work week.   48.  Further evidencing Defendant’s unjust enrichment, when Plaintiff and members  of the Classes appear outside the club on Defendant’s behalf, they receive no remuneration for  their time.     49.  In addition, Defendant does not compensate Plaintiff or other members of the  Classes for Defendant’s use of the Dancers’ image on Defendant’s website and/or Facebook  page.   50.  At all times relevant to this Complaint, Plaintiff believed she was an employee of  Defendant.  Indeed, Plaintiff made appearances at public events representing herself as a Dancer  of Defendant and advertising Defendant’s business.   52.  While Plaintiff is unable to state at this time the exact amount owed to the  Classes, Plaintiff believes that such information will become available during the course of  discovery.  Irrespective of the foregoing, when an employer fails to keep complete and accurate  time records, employees may establish the hours worked solely by their testimony and the  burden of overcoming such testimony shifts to the employer.  See Anderson v. Mt. Clemens  Pottery Co., 328 U.S. 680 (1946).  53.  Plaintiff brings this action on behalf of the Nationwide Collective Class as a  collective action pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 207 and 216(b).   Plaintiff also brings this action as a class action pursuant to Fed. R. Civ. P. 23 on behalf of  herself and the SC Class for claims under the South Carolina state laws.     54.  The claims under the FLSA may be pursued by those who opt-in to this case  pursuant to 29 U.S.C. § 216(b).  The claims brought pursuant to the South Carolina state laws  may be pursued by all similarly-situated persons who do not opt out of the SC Class pursuant to  Fed. R. Civ. P. 23.     55.  Upon information and belief, the members of each of the Classes are so numerous  that joinder of all members is impracticable.  While the exact number of the members of these  Classes is unknown to Plaintiff at this time, and can only be ascertained through appropriate  discovery, Plaintiff believes there are over one hundred individuals in each of the Classes.     56.  Defendant has acted or has refused to act on grounds generally applicable to the  Classes, thereby making final injunctive relief or corresponding declaratory relief with respect to  the Classes as a whole appropriate.   58.  Common questions of law and fact exist as to the Classes that predominate over  any questions only affecting them individually and include, but are not limited to, the following:  (a)  whether Plaintiff and Dancers were improperly classified as independent  contractors by Defendant;  (b)  whether Defendant has failed to pay minimum wages for each hour  worked;  (c)  whether Plaintiff and Dancers were required to pay Defendant, in cash,  fees for each shift worked;  (d)  whether Defendant improperly retained and/or diverted any portion of  Plaintiff’s and Dancers’ tips;  (e)  whether Defendant has failed to pay overtime compensation for all hours  worked in excess of forty hours per workweek;   (f)  whether Defendant provided proper notice to Dancers before setting or  changing their compensation;  (g)  whether Plaintiff and members of the Classes are entitled to compensatory  damages, and if so, the means of measuring such damages;  (h)  whether Plaintiff and members of the Classes are entitled to restitution;  and  (i)  whether Defendant is liable for attorney’s fees and costs.   59.  Plaintiff will fairly and adequately protect the interests of the Classes as her  interests are in alignment with those of the members of the Classes.  Plaintiff has no interests  adverse to the Classes she seeks to represent, and she has retained competent and experienced  counsel.    61.  Plaintiff and the Classes she seeks to represent have suffered and will continue to  suffer irreparable damage from Defendant’s illegal pay practices.   62.  Defendant has acted willfully and has engaged in a continuing violation of the  FLSA and South Carolina state laws.  63.  Plaintiff, on behalf of herself and the Nationwide Collective Class, re-alleges and  incorporates by reference the paragraphs above as if they were set forth again herein.   64.  At all relevant times, Defendant has had gross revenues in excess of $500,000.   65.  At all relevant times, Defendant has been, and continues to be, an employer  engaged in interstate commerce, within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and  207(a).   66.  At all relevant times, Defendant has employed, and/or continues to employ,  Plaintiff and each of the Nationwide Collective Class Members within the meaning of the FLSA.   67.  Pursuant to Defendant’s compensation policies, rather than pay Dancers the  federally-mandated minimum wage, Defendant improperly classified Plaintiff and other Dancers  as independent contractors.     68.  As a result of the Defendant’s willful practices, Defendant was not entitled to pay  Plaintiff and the members of the Nationwide Collective Class less than the mandated minimum  wage for all hours worked.   70.  Due to Defendant’s FLSA violations, Plaintiff, on behalf of herself and the  members of the Nationwide Collective Class, is entitled to recover from the Defendant  compensation for unpaid wages; an additional equal amount as liquidated damages; and  reasonable attorneys’ fees and costs and disbursements of this action pursuant to 29 U.S.C. §  216(b).  71.  Plaintiff, on behalf of herself and the Nationwide Collective Class, re-alleges and  incorporates by reference the paragraphs above as if they were set forth again herein.   72.  At all relevant times, Defendant has had gross revenues in excess of $500,000.   73.  At all relevant times, Defendant has been, and continues to be, an employer  engaged in interstate commerce within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and  207(a).   74.  At all relevant times, Defendant has employed, and/or continues to employ,  Plaintiff and each of the Nationwide Collective Class Members within the meaning of the FLSA.   75.  At relevant times in the period encompassed by this Complaint, Defendant had,  and maintains, a willful policy and practice of refusing to pay premium overtime compensation  for all hours worked in excess of 40 hours per workweek due to Defendant’s improper  classification of Plaintiff and Dancers as independent contractors.   76.  Defendant has violated, and continues to violate, the FLSA, 29 U.S.C. §§ 201 et  seq.  The foregoing conduct, as alleged, constitutes a willful violation of the FLSA within the  meaning of 29 U.S.C. § 255(a).   78.  Plaintiff, on behalf of herself and the members of the SC Class, re-alleges and  incorporates by reference the paragraphs above as if they were set forth again herein.   79.  At all relevant times, Defendant has employed, and/or continues to employ,  Plaintiff and each of the SC Class Members within the meaning of the South Carolina Payment  of Wages Act, S.C. Code Ann. §§ 41-10-10 to 110 (“PWA”).  Plaintiff and the SC Class  Members are “employees” and are not free from the control and direction of Defendant.   80.  Plaintiff and the SC Class Members worked for Defendant with the clear  understanding and agreement by Defendant that their compensation would be consistent with all  applicable laws, including federal and state wage and hour laws.   81.  Pursuant to the PWA, “[a]n employer shall not withhold or divert any portion of  an employee’s wages unless the employer is required or permitted to do so by state or federal  law . . . .”  Accordingly, Plaintiff and the members of the SC Class were entitled to receive all  compensation due and owing to them.   83.  Due to Defendant’s policy of deducting amounts from the tips of Plaintiff and the  SC Class to offset business expenses, Plaintiff and the SC Class were subject to improper  deductions from their compensation.  Specifically, Defendant unlawfully withheld and diverted  monies from the compensation earned by Plaintiff and the SC Class for business expenses of  Defendant, including, but not limited to, the cost of employing other workers, in direct violation  of the PWA.  Plaintiff and the SC Class Members have not expressly and freely given written  consent to such deductions, and these deductions were not made in response to a valid wage  assignment or deduction order.  Such deductions were not for the Plaintiff’s and SC Class  Members’ benefit.   84.  Defendant has set, reduced, withheld and/or diverted the wages of Plaintiff and  the SC Class Members without providing advance notice of such amounts, and absent any  lawfully sufficient reason for such conduct.   85.  As a direct and proximate result of Defendant’s conduct, Plaintiff and the SC  Class have suffered substantial losses and have been deprived of compensation to which they are  entitled, including monetary damages in the amount of three times the unpaid wages, as well as  costs and reasonable attorney’s fees.  FAIR LABOR STANDARDS ACT MINIMUM WAGE VIOLATIONS  (On Behalf of the Nationwide Collective Class)   FAIR LABOR STANDARDS ACT OVERTIME WAGE VIOLATIONS  (On Behalf of the Nationwide Collective Class)   SOUTH CAROLINA PAYMENT OF WAGES ACT  (On Behalf of the SC Class)  