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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Creative perks from this year's '100 Best Companies to Work For' list
- Church wages don't count toward unemployment benefits
- Lawsuits on the rise: Audit your policies to prevent litigation
- With DLSE enforcement up, get your pay practices in order