Court: Exotic dancer can argue she’s an employee — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Court: Exotic dancer can argue she’s an employee

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in Compensation and Benefits,Human Resources

An employee doesn’t become an independent contractor just by signing an agreement that says so. Courts use several tests to make that determination.

Recent case: Stacy, an exotic dancer, paid $30 per shift to dance at a club. Her keys were confiscated each day to ensure she could not leave without first tipping the bartender and other workers.

Stacy sued, alleging unpaid wages and other benefits.

An appeals court concluded that Stacy could use one of several tests to establish her status as an employee. These include the extent to which someone exercised control over her wages, hours or working conditions, or suffered or permitted her to work or engaged her to work.

She will now have a chance to fit herself into one of those categories. (Salazar v. Vic­­tory Entertainment, No. B24988, Court of Appeal of California, 2014)

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