Results 1 to 17 of 17

Thread: Legality of Fines ASAP!

  1. #1
    Newbie
    Joined
    Feb 2005
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default Legality of Fines ASAP!

    My club calls me an independent contractor. However, I called in to work today (that I wasn't coming in) and they said that before I can come back in I have to pay a $50 fine. Yes, it was in my original contract, that expired over 2 months ago. But my understanding is that if my club is able to fine me for missing a shift that that changes my classification to being an employee. Does anyone have any resources for actual legal information that I can show my employer in this regard? I do not want to pay this fine and feel it is very unjust and it is my understanding that is it illegal as well. Please help ASAP because I am scheduled tomorrow night and will have to pay the fee before I can come in.

    Thanks!

  2. #2
    God/dess scarlett_vancouver's Avatar
    Joined
    Jan 2004
    Location
    Vancouver, BC
    Posts
    6,699
    Thanks
    0
    Thanked 22 Times in 20 Posts

    Default Re: Legality of Fines ASAP!

    What country/state?

    Feature costumes for sale!

  3. #3
    Newbie
    Joined
    Feb 2005
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default Re: Legality of Fines ASAP!

    Colorado, USA

  4. #4
    buffie06
    Guest

    Default Re: Legality of Fines ASAP!

    I don't think it's illegal.

  5. #5
    Newbie
    Joined
    Feb 2005
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default Re: Legality of Fines ASAP!

    Buffy,
    Can you tell me why you believe that to be true? I have had many people tell me it is illegal, but no one has given me a good source of information either way.

  6. #6
    God/dess scarlett_vancouver's Avatar
    Joined
    Jan 2004
    Location
    Vancouver, BC
    Posts
    6,699
    Thanks
    0
    Thanked 22 Times in 20 Posts

    Default Re: Legality of Fines ASAP!

    It could be illegal- I don't know either.

    What has worked here (BC, Canada), is to ask for a receipt for the fine, so you can deduct it on your taxes. THAT almost always makes the clubs back down on the fine around here, which to me, implies that it is illegal.

    But, as per usual with our biz, you have to decide if creating a ruckus for $50 is worth potentially being fired. Sad, but true.

    Feature costumes for sale!

  7. #7
    Member Bellas Girl's Avatar
    Joined
    Mar 2006
    Location
    colorado
    Posts
    45
    Thanks
    6
    Thanked 1 Time in 1 Post

    Default Re: Legality of Fines ASAP!

    It's my understanding that since you're a private contractor it is legal. It's a breach of contract fine, it most likely stated in the contract you signed that you promise to show up on your scheduled days or be fined a certain amount (or something like that). BUT since your contract has expired they legally can't do anything.
    The bad part is If you cause "trouble" they can choose not to renew your contract. I guess you have to decide if it's worth the hassle.

    Good luck, I hope it all works out for you.

  8. #8
    God/dess Deogol's Avatar
    Joined
    Dec 2003
    Posts
    5,493
    Thanks
    120
    Thanked 50 Times in 35 Posts

    Default Re: Legality of Fines ASAP!

    If your contract has expired AND they know your contract has expired THEN you are not automatically an employee. You are simply working without a contract. Without a contract there is nothing holding them back from asking what they want for you to continue working there.

    If you were an employee and a manager was forcing you to pay them off for the job, then it would border on illegal; but mostly this is in a government job. They don't like the boss getting paid off by their workers. In the private world... a little more wild west.

    But since you are not an employee and the work you do involves paying fees to access their services (stage, security, building, advertising, etc.) then you are kinda outta luck legally.

    But hey, a lawyer is really the one to ask about this. Hopefully they will be cheaper than 50 bucks.

  9. #9
    Featured Member AkashaM's Avatar
    Joined
    Feb 2004
    Location
    Big City of Dreams...
    Posts
    870
    Thanks
    6
    Thanked 31 Times in 15 Posts

    Default Re: Legality of Fines ASAP!

    Quote Originally Posted by Maria1984 View Post
    My club calls me an independent contractor. However, I called in to work today (that I wasn't coming in) and they said that before I can come back in I have to pay a $50 fine. Yes, it was in my original contract, that expired over 2 months ago. But my understanding is that if my club is able to fine me for missing a shift that that changes my classification to being an employee.
    I have yet to see a strip club contract that is legal binding, they often create them to scare dancers into thinking theyre bound. but your case may be different.

    try www.findlaw.com and look for the term "independent contractor." it has stuff about previous cases involving ICs.
    I'm getting my Dial-A-Stripper service up and running again. If you are in NYC or NJ and are interested in private party dancing, email [email protected] with your SW handle, contact info, photo (if you have one) & best time to call and I'll get back to you asap.

    If you're having a party and need strippers, email me with the details and any questions you have. Thanks!

  10. #10
    buffie06
    Guest

    Default Re: Legality of Fines ASAP!

    Just b/c i know so many clubs that do it. Its pretty standard, at least i thought so, but it does seem to be a policy of smallish clubs.

  11. #11
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Default Re: Legality of Fines ASAP!

    It's my understanding that since you're a private contractor it is legal. It's a breach of contract fine, it most likely stated in the contract you signed that you promise to show up on your scheduled days or be fined a certain amount (or something like that). BUT since your contract has expired they legally can't do anything.
    The bad part is If you cause "trouble" they can choose not to renew your contract.
    From a technical legal standpoint, the 'breach of contract' principle allows independent contractors to be fined. The independent contractor has the option of not paying the fine, but this is tantamount to ending the independent contractor business relationship.

    'Employers' are not legally allowed to fine 'employees' for any reason.

  12. #12
    AudreyLeigh
    Guest

    Default Re: Legality of Fines ASAP!

    Uh, how do they schedule ind. contractors? THAT makes you an employee more than the fine does.

  13. #13
    PhillyDancer1982
    Guest

    Default Re: Legality of Fines ASAP!

    Quote Originally Posted by Maria1984 View Post
    My club calls me an independent contractor. However, I called in to work today (that I wasn't coming in) and they said that before I can come back in I have to pay a $50 fine. Yes, it was in my original contract, that expired over 2 months ago. But my understanding is that if my club is able to fine me for missing a shift that that changes my classification to being an employee. Does anyone have any resources for actual legal information that I can show my employer in this regard? I do not want to pay this fine and feel it is very unjust and it is my understanding that is it illegal as well. Please help ASAP because I am scheduled tomorrow night and will have to pay the fee before I can come in.

    Thanks!
    I have a friend named "June" who believes that it is illegal for clubs to fine us for not complying to a schedule. If we're I.C.'s, then we are not required to follow a schedule! I'm not sure how valid it is though.

    Hmmm if there's any bright side to it, look at it this way. If you were an employee, odds are you would only be getting paid $2.83/hr, which would amount to about $5/shift after taking out standard taxes and such. Most likely more of your earnings would be taxed(credit card tips, anything the club reports, or any huge amounts that you'd deposit in a bank account or some place trackable), since face it...how many dancers out there actually report 100% of their earnings? (some dancers like to avoid taxes completely...definitely not saying that's the best thing to do though) Also, you qualify for less work expense deductions on your taxes if you are an employee. So perhaps it is easier to be an I.C. in some ways?...IDK. However, I do agree with you that a $50 fine is ludaicrous. It seems that strip club managers try to squeeze out any dollar they can from the dancers, and that's horrible.

  14. #14
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Default Re: Legality of Fines ASAP!

    Uh, how do they schedule ind. contractors? THAT makes you an employee more than the fine does
    Not strictly true. All sorts of contractors are scheduled to perform certain types of work at certain times i.e. office cleaning during evening hours, plumbers or electricians working during shopping mall business hours etc. The 'employer' / 'employee' distinction involves many more factors besides just adhering to agreed upon working hours.

    It IS illegal for a club to collect a fine from dancers who do not show up at agreed-upon times. However, it is not illegal for the same club to tell the independent contractor dancer to not bother coming back unless she agrees to pay a fine for her 'breach of contract' first. Probably a small distinction from a pragmatic point of view.

  15. #15
    Banned
    Joined
    Nov 2006
    Location
    in the middle of a cornfield
    Posts
    5,119
    Thanks
    2,693
    Thanked 2,988 Times in 1,098 Posts
    My Mood
    Fine

    Default Re: Legality of Fines ASAP!

    Our club charges $300 if you don't show up. Yea, $300!!! We barely make that in one night anymore. And she doesn't/refuses to give receipts. She doesn't accept dr. notes either. apparently years ago some dancer was fucking a dr. and he wrote her phony excuses. This has to be illegal right?!

  16. #16
    Banned Melonie's Avatar
    Joined
    Jul 2002
    Location
    way south of the border
    Posts
    25,932
    Thanks
    612
    Thanked 10,563 Times in 4,646 Posts
    Blog Entries
    3
    My Mood
    Cynical

    Default Re: Legality of Fines ASAP!

    ^^^ all of this sort of scheduling stuff can be construed as part of the implied 'contract'.

  17. #17
    AudreyLeigh
    Guest

    Default Re: Legality of Fines ASAP!

    This is why I refuse to work in any club with a schedule. I worked in one club and they told me that I have to go on a schedule. I refused saying I will instead call ahead on shifts Id like to work and see if I can come in (if theres not too many girls, etc) and they agreed.

Similar Threads

  1. Legality of private parties in NC?
    By Harleigh HellKat in forum Private Party Dancing
    Replies: 25
    Last Post: 07-21-2010, 09:53 PM
  2. Legality of House Fees and Docks/Fines
    By Autumn Lily in forum Newbie Board
    Replies: 9
    Last Post: 03-02-2010, 08:52 PM
  3. Question: Working Legality
    By Lysondra in forum Dollar Den
    Replies: 7
    Last Post: 07-17-2006, 04:54 PM
  4. Fines? We don't need no stinking fines! (Warning: rant!)
    By Susan-Va in forum Stripping (was Stripping General)
    Replies: 6
    Last Post: 03-07-2005, 05:40 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •