Live Misclassified Dancers Now Performing!
Last year, numerous lawsuits were filed by exotic dancers who claim that they were treated like independent contractors when they should have been employees under FLSA guidelines. Most of the dancers are seeking overtime pay whenever they work more than 40hrs in a week however some wouldn’t mind the benefits.
An exotic dancer’s classification is a hot topic since it serves as a potential poster child for what should be an employee even though the “industry standard” dictates independent contractor status. So what’s right?
Relationship Details
Before we draw any conclusions, let’s examine some of the details of the relationship. Dancers earn their money per shift. A large majority of their income is derived from tips, of which the dancers have to pay a percentage back to the club to cover the dj, bartender, etc.. Gentlemen’s clubs typically control the hours that a dancer works. In addition, the dancers are required to dance on stage several times as part of their shift along with providing extra friendly mingling services to customers. Though it is possible to work for multiple clubs simultaneously, most clubs prohibit their dancers from doing so.
I’ve laid out a few factors involved in a dancer’s relationship with their club. For those that didn’t notice…control, control, control dominated the relationship between both parties. But what’s it going to take for their IC status to be overturned? That’s the million dollar question.
Will anyone listen to the dancer’s claim?
The dancers have an uphill battle in front of them. There have been instances in other industries where workers have called attention to themselves with the hope that either a state or federal government would pay attention. And in those instances, the response from the government has either been discouraging or non-existent. Whether these numerous cases make it to court depends on how aggressively the dancers and their lawyers are willing pursue employee status. After all, should the dancers be rewarded with employee status, changes are likely to occur with regards to income as well as the taxes they will now be responsible for.
We’ll continue to monitor whether the courts view exotic dancers as a labor group worthy of a legitimate employee occupation or whether they’ll continue to stay as industry standard independent contractors. Count me in as one person who is eagerly waiting for this legal dance to take center stage.
