How to become classified as an employee
I am pulling my hair out. I was hoping some of the ladies on here were involved in the unionization - not sure if that is an actual word but I've been on my laptop for 12 plus hours already of the clubs in San Fransico. I am currently working on a proposal paper for my composition class and my proposal is for all dancers in Florida to unite and fight for better working conditions - I know this would never work, however at last check I don't think my professor ever worked as a dancer so he will never know the difference.
Anyway back to my problem. I am trying to find out those ladies were able to get the club to recognize them as employees as opposed to independent contractors. I've been on the Exotic Dancer Alliance website and wasn't able to find anything.
The last thing I am looking for is a source that states that employers in Florida are not allowed to take any portion of an employees tips or wages - I found the Labor law in California, but I can't find anything that partakes to Florida.
Re: How to become classified as an employee
Ok I'm a bit confused by what you're looking to know, but in SF, if you want to be classified as an employee, you have the option when they give you the contract, but no dancer ever chooses this option.
As an employee, you don't get to choose your weekly schedule, you basically come when they need you. And you don't get to keep your tips. You get an hourly wage and are expected to do a certain minimum number of dances per shift.
At my current club, they told me that they've only had one dancer who signed up as an employee...and she lasted a day.
Re: How to become classified as an employee
In Florida we don't have that option. Like I said this is for a paper in my comp class and I obviously wouldn't want to be classified as an employee but it makes for a darn good paper :)
Re: How to become classified as an employee
Isn't there a member on here who was part of the unionization thing? I think her name was livenudegirlsunite? Maybe if she is still around you can pm her and see if she could help?
Re: How to become classified as an employee
What finally happened in California is that the state ruled dancers are legally "statutory employees" rather than independent contractors. This means that all private dance money is legally supposed to be run through the club, with the girls earning some kind of commission on the dances they sell. The clubs are not supposed to charge house fees. Of course this isn't what actually happens and many (if not all) of the clubs have been taking more of the dancers' money than ever. But that's a whole nother story.
You might have to get offline and head to the library or something to find the actual state labor codes in FL.
Sidenote: when you say "partakes to Florida" what you really mean is "pertains to Florida". Partakes has a completely different meaning ;) /grammar :cop:
I did find something that might be helpful:
Federal tipped employee rules
Re: How to become classified as an employee
Quote:
Originally Posted by
Pan Dah
Yes.
Also, if she doesn't chime in here on her own, try PMing RebeccaSolidarity.
*chimes*
Re: How to become classified as an employee
If you wanted a different perspective; consider ways of instead of developing employee status and union status ways of maintaining/negotiating independent contractor status and the role of collective bargaining for independents. Dancers are employees is not really very contentious
Re: How to become classified as an employee
Re: How to become classified as an employee
I'm not sure if this will help u any..but I have this book by Lily Burana called Strip City: A Stripper's Farewell Journey Across America...anyways.. she helped bring a lawsuit against a large club in San Fran....I think in the 90's...I can't remember the club name right now...but she basically said that by the law it is illegal to make dancers tip out if they are considered independent contractors...it is still illegal, unfortunately it is way too hard and expensive to bring suits against all stip clubs in the U.S....and it has become the norm that no one questions it....and it is difficult to get the dancers to band together..especially when the club tries to con the dancers to be on their side or force them to side with the club by messing with their money....
So maybe u can write about how it would be nice if the clubs actually had to follow the law..if u r an indep. contractor then u should be able to set your own hrs. and no tip out...if u r an employee then it would be like any job..hrly pay and u work the hrs . u are scheduled....I can't find my book right now..but if I do then I will tell u what club it was and the name of the law suit if she says it....I know this isn't helpful for FL..but it just pisses me off that clubs make girls tip out when it's against the law!!
Re: How to become classified as an employee
^^^ the California DOL ruling that dancers must be treated as 'statutory employees', as well as individual DOL / court rulings on individual cases of clubs versus dancers, all boil down to the evaluation of the club exercising an 'employer' level of control over dancers. This is a fairly complex issue that involves a long list of weighted factors such as ...
1 - does the club require that dancers work a certain number of shifts per week, require that dancers must work a slow weeknight in order to be able to work a lucrative weekend night, require that dancers start and end work at particular times etc. ? Independent contractors are not subject to day by day scheduling, but employees are.
2 - does the club charge a set 'stage fee' or does the club collect percentages ? Independent contractors may be charged a 'stage fee' (= facility rental), but only 'employers' can collect a percentage of employee 'tip earnings' (based on the legal premise that stage performances and private dances performed by employee dancers are actually the property of the club not the dancer, thus any money earned by the dancer is actually the club's property.)
3 - Does all tip money, private dance money etc. directly pass from customer to dancer ? Or do customer payments (including credit card charges) take place between the customer and the club, with the dancer being paid some portion by the club after the fact ? Independent contractors do not involve the club in ANY financial transaction (cash or credit) with the customer, whereas employee dancers do not (legally cannot) accept direct payment from customers other than incidental tips.
Obviously, there are extremely few situations in US clubs where the business model actually falls into 100% independent contractor territory or 100% employee territory. Thus it is up to state DOL / courts to line up all of the specific factors, and to make a judgement re independent contractor versus employee status. California DOL ruled for employee status based primarily on lack of schedule freedom, club involvement in transactions between customers and dancers, and percentages being charged.