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Are dancers employees of a strip club or independent contractors?

impala
The People's Republic of Pennsylvania
In a recent review, a dancer at Platinum Plus in Allentown, PA is suing over alleged lack of overtime pay, and also the fact that she was hired at the age of 17 (she used someone else's ID). The club says that the dancers working there are independent contractors working for tips only and therefore not subject to overtime rules. She says that since the club governed work rules such as attire, behavior, and hours, and that she was required to pay out the club, bouncers, DJ, and wait staff that therefore she was an employee. She is also suing because the club allowed patrons to touch her breasts and supply her with alcohol, but she was underage and should have been protected from such as an employee.

Http://www.mcall.com/news/breaking/mc-pl…

I know my feelings on this. First, she falsey represented herself as of age therefore breaking the law, and I'm sure when she was hired she was told she was not actually an employee but an independent contractor. Also, I'm sure that most of the time she made well over what most 17 year olds made per hour, but she's not complaining about that. Question is, should dancers be regular employees? Any place I have ever worked that tips were collected tips were "pooled" and decided equally at the end of the shift, and I'm sure she wouldn't have like that at all. Would like to know all your opinions on this.

14 comments

Latest

deogol
•
10 years ago
All the places where the dancers were employees went out of business. I guess it is bad when contractors sit on there asses or the dressing room, it is the end when employees do it (and they still get paid!)

If she used someone elses ID, she is the law breaker. They are giving her rope to hang herself.
impala
•
10 years ago
Most dancers I have known were not officially employees but we're actually listed as independant contractors. That way the club dosent have to worry about taxes, benefits, etc, etc, etc. Also, since they are not actually employees, work regs such as work hours and overtime are not applicable, and if a club needs to suspend or "terminate" a girl they don't have to follow established state guidelines for such (of coarse, may vary on location). Since it is a cash buisness, I have never known any dancer that pays proper income taxes on their own, if they actually claim any income at all. Also, generally, since they are independant, their scheduals are much more flexible, and often come and go between multiple clubs depending on the day of the week, who else is dancing, who's bouncing, who's tending bar, the DJ, or what customers are going to be there. To most clubs and dancers it is a mutually beneficial relationship.
Dolfan
•
10 years ago
I'm not a lawyer, but I don't see how they're employees or contractors. The line can be fuzzy between the two, but as far as I can see getting paid is a fairly firm requirement for either designation. To my understanding, most dancers aren't paid by the club at all. Typically, the dancers pay the club to provide them with facilities & services. For example, the club provides a dressing room & locker, as well as dance area's, bouncers, etc. I can't see how even a poor lawyer couldn't win this case.

Aaron_hip
•
10 years ago
What about the security guards, bouncers, and bartenders? What is their status?
Holdem2
•
10 years ago
Any person can win any case. It all depends on how the judge feels that day or who he has a side deal with.
san_jose_guy
•
10 years ago
At most SC's, the dancers and everyone else are contractors. The practice is not unlawful, but there are many regulations the employer must comply with in order for the practice to be legitimate.

There have been many lawsuits. SC's are unique environments. But the practice will continue. Some owners just need to do more homework with lawyers to be sure they will not face litigation down the road.

SJG
impala
•
10 years ago
OK, just got done talking to a buddy of mine that use to bounce at a SC. How it "officially" worked where he was at was that the dancers were independent contractors but everyone else there actually worked for the club. The dancers being contractors they were responsible for all there insurance and taxes. Any fees they paid out were actually legally considered a gratuity (tip) to the club.
JohnSmith69
•
10 years ago
I wish just once I could be on a jury in a case brought by a bitch like this. If I could do that, I'd give her exactly what I give to all other ROBs.
mjx01
•
10 years ago
It is a gray area. Dancers are somewhat independent contractors when sell/giving private dances. But, clubs need dancers to be there at certain hours and follow certain rule while on premise, when starts to look like being an employee.

JamesSD
•
10 years ago
She'd almost certain to lose.

Scheduling is probably her best leg to stand on. Appearance and behavior are almost certainly contractual obligations.

The club could face trouble for hiring a 17 year old who misrepresented herself. But that's probably not relevant to her being a contractor.
jackslash
•
10 years ago
Clubs keep losing these lawsuits because the owners treat the dancers like employees. Owners should try obeying the law.
azdd
•
10 years ago
Another player in this war is the IRS. They have a list of criteria that must be met to consider someone as an IC instead of an employee. Specifying required hours is often a deal killer for IC status, at least as far as the IRS is concerned.
Papi_Chulo
•
10 years ago
Yeah; these types of lawsuits have been pretty common over the last couple of years. It seems as if most current dancers are not participating and rather stay as independent contractors - seems most dancers that are suing are either ex washed up dancers or dancers that currently can't make any $$$.

SCs are often a shady business - they claim the dancers are independent contractors when it suits them but o/w often treat them as employees and many dancers seem to have to subsidize other employees (e.g. bartenders; douchebag DJs; bouncers; etc) via tip-outs.

There is probably blame on both sides - but it looks like SCs get away w/ treating dancers in ways hardly any other business is able/allowed to.

TheFword
•
10 years ago
The owners want things both ways. IC for their benefit as far as taxes, etc. but treat them like employees in regards to schedules, rules etc.
The dancers need to realize that as far as earning $ is concerned they are IC. That makes them business owners, not employees. Therefore they need to think differently. They need to think about where their money comes from and how to maximize it. They need to know business basics including marketing and knowing what business they are in.
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