Employee or Independent Contractor?

Exotic Dancers are Employees (not Independent Contractors)

From Mondaq Employment and HR —

The Plaintiffs were exotic dancers who filed a collective action against The Penthouse Club in Philadelphia alleging they were employees benefitted under the FLSA. As discussed in previous blogs, the court assesses the “totality of the circumstances” under the economic realities test to determine whether a worker is an independent contractor or employee under the statute. Since the dancers were not compensated by the nightclub, were responsible for marketing themselves through word-of-mouth, and set their own schedules, surely The Penthouse Club thought they were safe from any employment liability. Shockingly, the court found the dancers were employees after assessing the “control” the nightclub has with the premises. Specifically, the Court noted with importance that the nightclub provided rules and guidelines regarding the facility’s maintenance and the dancers’ appearances.

Read the full story at Independent Contractor Status

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