California Exotic Dancers File Wage Claim
A group of exotic dancers have filed a wage suit in a California state court against their employer, VIP Showgirls Gentlemen’s Club in Los Angeles. The dancers allege that the club deprived them of minimum wage and overtime by misclassifying them as independent contractors. Generally, independent contractors are not entitled to wage protections under California or federal law. Additionally, employers prefer this classification because they are not required to pay for unemployment, disability, and workers’ compensation insurance, and are not required to reimburse workers for business expenses that they incur in performing their duties.
A worker’s employment status depends upon an analysis of several factors. The Division of Labor Standards Enforcement of the California state government uses these factors to determine the economic reality of the worker’s relationship with the employer. These factors include the following:
- Who has the right to control the worker as to the work that he or she must do and the manner and means in which the work is performed?
- Is the worker performing the work engaged in a business that is separate from the employer?
- Does the employer supply the tools and facilities for the worker, or does the worker provide those?
- Does the work require a specialized skill, and does a specialist usually do it without supervision?
- How long will the work take, and how permanent is the working relationship between the worker and the employer?
- How is the worker paid – by time spent or by the job?
- Do the parties believe they are creating an employer-employee relationship?
Employee misclassification is a prevalent problem that deprives employees of their legal protections under state and federal law. Expert counsel provided by Dejban Law can help you obtain compensation that you have been illegally deprived of due to misclassification. Contact us now by email at info@dejbanlaw.com or by phone us at (818) 325-3820 for a free and confidential initial consultation.