10.  The claims of the named Plaintiff are typical of the claims of all members of the  class, because all members of the class were subject to the same unlawful practices and suffered  similar harms.   11.  Plaintiff Walsh will fairly and adequately represent the interests of the class  because she does not have any conflict of interest with the class members, she understands her  duty as a class representative, and the undersigned counsel will fairly and adequately represent  the class members’ interests because, between them, they have substantial experience in this  field.   12.  In addition to 29 U.S.C. § 216(b), this lawsuit should be maintained as a class  action for the reasons enumerated in Fed. R. Civ. P. 23(b)(1), 23(b)(2) and 23(b)(3).  13.  Defendants employ exotic dancers who provide erotic entertainment to the  Defendants’ customers at Club Fantasies.   14.  Defendants classify their exotic dancers as independent contractors, but they do  not meet the definition of independent contractors under state and federal law.  Specifically:  a) the Defendants require their exotic dancers to work exclusively for Club  Fantasies, and prohibit the exotic dancers from working at any other club;  b) the Defendants establish set hours for each shift, and require their exotic  dancers to work a minimum number of shifts per week;  c) the Defendants require their exotic dancers to report their availability to  management at least a week in advance for scheduling purposes, and whenever an  exotic dancer fails to report for a scheduled shift, they were subject to being fined,  suspended, or terminated;  d) the Defendants also have the right, in their sole discretion, to turn any of their  exotic dancers away at the start of shift, even if the dancer is scheduled to work  on that shift;  e) the Defendants have the right to terminate their exotic dancers at will, for any  reason and without any warning, as well as to discipline, fine, or suspend their  exotic dancers for any reason;  f) the Defendants employ a management staff, including “house moms,” that  supervise the exotic dancers;  g) the management staff takes attendance, controls how often and at what time the  exotic dancers are required to perform stage dances during their shifts, and  enforces the club’s rules for the exotic dancers;  h) for each stage dance performance, the Defendants require their exotic dancers to  perform on stage for a specific number of songs that the Defendants unilaterally  determine, and the Defendants prohibit their exotic dancers from leaving the stage  until another exotic dancer is available to replace them;  i) the exotic dancers perform a service that is an integral part of the Defendants’  regular course of business, namely, the operation of an adult entertainment club  (i.e. a strip club) that provides live entertainment in the form of live nude and  semi-nude exotic dancing.   15.  Defendants do not pay their exotic dancers a base wage.   16.  The only compensation that the exotic dancers receive while working at Club  Fantasies are tips paid by customers.   17.  In order to work at Club Fantasies, the Defendants require their exotic dancers to  pay the Defendants a shift fee of approximately $30 (the fee depends on whether it was a day  shift or a night shift), plus a $10 fine if the dancer reports to the shift late.  If an exotic dancer  works double shifts in one day, she must pay two shift fees.  If an exotic dancer does not earn  enough in tips to pay a shift fee, the dancer cannot work again until she pays the full amount of  the fee.  If an exotic dancer does not report to a scheduled shift, the Defendants still require the  exotic dancer to pay the fee for that shift before being allowed to work again.   18.  In addition to shift fees, the Defendants collect a mandatory $5 fee from their  exotic dancers for every lap dance that the dancers perform, and a $30 fee for every private  “champagne room” dance the dancers perform, from the tips that the exotic dancers receive from  customers for those dances.   19.  The Defendants also require their exotic dancers to “tip-out” employees who are  not eligible to receive tips, including the club’s bouncers, house moms, bartenders, and disc  jockeys.  The Defendants require their exotic dancers to pay a $5 tip-out to the bouncer after  every private champagne room dance, and between $5 and $10 to each bartender, house mom,  and disc jockey each shift.  20. As set forth above, the Defendants’ failure to pay their exotic dancers the federal  minimum wage violates the Fair Labor Standards Act, 29 U.S.C. § 206(a).  Plaintiff  brings this claim on behalf of herself and all others similarly situated pursuant to 29  U.S.C. § 216(b).  21. As set forth above, the Defendants’ failure to allow their exotic dancers to retain all of  their tips by requiring them to “tip-out” employees who do not customarily and regularly  receive tips, as well as to pay a portion of their tips to the Defendants in the form of shift  fees and other unlawful payments, violates the Fair Labor Standards Act, 29 U.S.C. §  203(m). Plaintiff brings this claim on behalf of herself and all others similarly situated  pursuant to 29 U.S.C. § 216(b).  22. As set forth above, the Defendants’ misclassification of their exotic dancers as  independent contractors, rather than as employees, violates R.I. Gen. Laws § 28-14-19.1.   Plaintiff brings this claim on behalf of herself and all others similarly situated pursuant to  R.I. Gen. Laws § 28-14-19.2.  23. As set forth above, the Defendants’ failure to pay their exotic dancers the state minimum  wage rate, including by requiring the dancers to pay shift fees and fines, violates R.I.  Gen. Laws § 28-12-3. The Plaintiff brings this claim on behalf of herself and all others  similarly situated pursuant to R.I. Gen. Laws § 28-14-19.2.  24. As set forth above, the Defendants’ requirement that their exotic dancers pay shift fees  and fines to the Defendants in order to work at Club Fantasies violates R.I. Gen. Laws §§  28-14-2 and 28-14-2.2.  The Plaintiff brings this claim on behalf of herself and all others  similarly situated pursuant to R.I. Gen. Laws § 28-14-19.2.  25. As set forth above, an actual controversy has arisen among the parties.   26. A declaratory judgment entered by this Court will terminate the uncertainty and  controversy among the parties.   27. Plaintiff brings this claim on behalf of herself and all others similarly situated pursuant to  28 U.S.C. §§ 2201 and 2202.  6.  Plaintiff Walsh brings this lawsuit on her own behalf and on behalf of all others  similarly situated pursuant to 29 U.S.C. § 216(b), Fed. R. Civ. P. 23, Fed. R. Civ. P. 23(a) and  (b)(3), and section 28-14-19.2 of the Rhode Island Payment of Wages Law, to recover classwide  damages arising from Defendants’ misclassification of their exotic dancers, their failure to pay  wages, and their practice of requiring dancers to pay unlawful fees, fines, and tip-outs to  ineligible employees.  In addition, the Plaintiff seeks to recover liquidated damages, pre- and  post-judgment interest, and attorneys’ fees and costs as provided by law.   7.  Plaintiff Walsh seeks to represent the following class under Rhode Island law and  the FLSA: all individuals who have worked for Defendants as exotic dancers at Club Fantasies at  28 Sims Avenue, Providence, Rhode Island, at any time during the three-year period prior to the  filing of this action.   8.  Joinder is impracticable due to the size and composition of the class, the nature of  the claims and relief sought, the remedial purpose of the underlying claims, and because  individual joinder would be inefficient, uneconomical, and could result in the deprivation of  wage rights to aggrieved employees. The class is expected to be comprised of well-over one- hundred class members.   9.  There are issues of law and fact common to all class members, because  Defendants’ employment and wage practices similarly applied to and affected all class members.  The issues of law and fact are: a) whether Defendants misclassified their exotic dancers, b)  whether Defendants failed to pay wages, c) whether Defendants unlawfully required dancers to  pay fees, fines, and tip-outs to ineligible employees.   Declaratory Judgments Act, 28 U.S.C. §§ 2201 and 2202  (Declaratory Relief)   Fair Labor Standards Act, 29 U.S.C. § 203  (Unlawful Tip Sharing)   Fair Labor Standards Act, 29 U.S.C. § 206  (Failure to Pay the Federal Minimum Wage)   Rhode Island General Laws § 28-14-2 and § 28-14-2.2   Rhode Island General Laws § 28-14-19.1  (Independent Contractor Misclassification)   Rhode Island General Laws § 28-12-3  (Failure to Pay the State Minimum Wage)  