When people say, “The California law changed for strippers”, they are wrong. The truth is, the law never changed. It was rewritten. The rules of classifying workers as independent contractors versus employees used to be a lot more murky. The way they were written before was confusing and easy to find loopholes. Therefore, owners used that to their advantage. Even then, even after misclassifying us, they still did not honor an independent contractor type agreement.
Examples of IC violations: Making you stay longer than you wanted to, punishing you for missing shifts or being late, mandatory tip out rules, controlling the nature of your work, ie. mandatory showcases for specials.
The law that owners had to read before was a 20 part questionnaire. Now it’s only three lines, called the ABC Contractor Law. If a worker has only one of the characteristics of work below, they should then be classified as an employee
- A) That the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
- B) That the worker performs work that is outside the usual course of the hiring entity’s business; and
- C) That the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
The moral of the story here is that we should have always been treated as employees. That’s because under the law, we were meant to be classified as such. Furthermore, this doesn’t only apply to California. Our research is telling us that in just about every state, all strippers should be classified as employees. This is why so many class action lawsuits are settled and don’t go to court. The owners know they will lose.
We hear a ton of misconceptions about why it’s better for strippers to be IC’s rather than employees. Honestly, it took some of us on our team to come around too. But if you look at the facts and understand, truly understand your rights, there is plenty of benefit of being classified as an employee with a stripping career. You can still maintain the benefits you have now and even increase your benefits.
For more information on that, visit our FAQ page.