Freelance Strippers Sue Employer

 Adult entertainers demand protection.

Last week Minneapolis based Michelle Drake, attorney for a troupe of strip club dancers, filed suit against a strip club in federal court.  Drake claims this s a clear case of worker misclassification and in violation of both state and federal wage and hour laws. Drawing similarities between the strippers and hair stylists citing the only difference between the two ”the stylist is considered an employee and gets a wage, whereas the dancer is forced to work only for tips and “pay for the pole. Drake is demanding the same protections for her clients automatically supplied to hourly employees. 

All workers deserve protections from opportunistic employers who take advantage of unsuspecting employees. This case is certainly interesting when applying the smell test and control factors to determine worker status. Several characteristics of an independent contractor are present and perhaps the culprit. Renting a pole or a chair, freedom to choose the costumes/uniform of the day or night and payment at the end of the job may have been enough for the employer to decide to pay as freelancers. Although similar cases have been filed and won by dancers in California, Alaska and Texas this industry continues to operate outside the laws.  Legacy industry standards are often difficult for some employers to abandon especially when the service offering is as lucrative as this. With no regulation or industry watchdogs worker violations can easily be overlooked or simply missed.

Employers must remember to exercise caution when classifying workers. Evidence of control of a worker regardless of execution can result in an unfavorable outcome. Although no evidence an employer ever exercises control, the mere fact the right to control exists can be enough to reclassify to employee status.