Strippers suing San Jose's Pink Poodle for unfair labor practices

San Jose Mercury News ^ | 5/1/14 | Vruce Newman

[ProtectOurFreedom]

Filing a lawsuit alleging systematic violations of the California Labor Code -- a legislative blunderbuss that sets the working conditions for smelters, miners, telegraph operators and now strippers -- a "poletariat" mass of 11 former Pink Poodle dancers have laid themselves bare before the bar of justice. The legal action, which came just in time for Thursday's socialist celebration of International Workers' Day, seeks to elevate the status of exotic dancers from "independent contractors" to employees. Twerkers of the world, unite!

The lawsuit claims the dancers were not paid minimum wage or overtime, and in many cases were required to pay the club to dance there. At one point, it accuses the club's owners -- five male members of the Kuzinich family, which has operated the Pink Poodle in an unincorporated part of San Jose for nearly 50 years -- of deciding to "not pay certain dancers any wages" and to "threaten retaliation" against any dancers who complained. A call to the club's business office for comment was not returned.

[Barkeep99]

The IRS independent contractor is a real show-stopper here. I’ve known bartenders to claim that status, legal as a $3 bill, seldom chased down, not worth it. The agents are too busy chasing asset forfeitures in Michigan.

Anyway, the fact they pay for the job: hardly unheard of, but it undermines the idea they are poor, downtrodden and underpaid. Some of the classiest clubs and restaraunts in big cities; they don’t pay you, you pay them for a job, the tips are that good for good service. I think they call it a free market. And I’m sure all the tips are declared as income. WPF.

[Still Thinking]

I wasn’t talking employee vs. independent contractor. The writer said that the dancers might even have to pay for dance time, so that begs the question even more radical than employee vs. contractor, namely who is the provider and who is the customer.

I used the analogy of people who rent office space by the hour (Regus) or lease a building by the month. No one is claiming they’re actually employees of the place they rent space from, or trying to criminalize that business model.

[lastchance]

I am not familiar with that business model. I am aware of something that may be along those lines and that is a hair salon renting out chair space to a stylist. But I doubt the dancers rent pole space or that they even get to keep all of their “tips”. In your example I would assume the person using the space has a great deal of autonomy and has drawn of a contract with the building owner with terms mutually agreed upon.

The owner does not dictate what work will be performed; when it will be performed; how it will be performed; and what will be charged for the work.

I doubt very much if the dancers have that much input into the performance of their jobs.

[MaxMax]

But I doubt the dancers rent pole space

They do. Back in the 80's the going rate was $20 to the house per night.
Some clubs charged more, some less but they all paid to do their trade.

It's a contract. Rental fee for use of the club.

[informavoracious]

I thought the girls didn’t slave away at the cat pole for the measly wages, it was just for the privilege of putting the “Pink Poodle” on their resumes.

[martin_fierro]

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I spent an eternity at the PiPoo one night.

It just happened to be my bachelor party.

Dullest. Evening. Ever.

[Neidermeyer]

There is a test that the IRS and DOL apply when determining if someone is working as an employee or an independent contractor.
*************************
There sure is ,, the two provisions that make me an employee are schedules set by the employer and restrictions on you being able to work at other employers ,, non-competes ... I’ve got an IRS determination already ,, I’m keeping that in my backpocket if my place of work closes ,, the owners stupidly made it a dba under their “master” llc ,, so if they close this dba entity the llc I officially work for will still be able to be sued.

[Scoutmaster]

Beyond IRS Publication 1779 . . .

If you answer 'yes' to any of the following fifteen questions, your worker is probably an employee and not an independent contractor:

5. Instructions. Do you have the right to give the worker instructions about when, where, and how to work? (This shows control over the worker.)

6. Training. Do you train the worker to do the job in a particular way? (Independent contractors are already trained.)

7. Integration. Are the worker’s services so important to your business that they have become a necessary part of the business? (This may show that the worker is subject to your control.)

8. Services rendered personally. Must the worker provide the services personally, as opposed to delegating tasks to someone else? (This indicates that you are interested in the methods employed, and not just the results.)

9. Hiring assistants. Do you hire, supervise, and pay the worker’s assistants? (Independent contractors hire and pay their own staff.)

10. Continuing relationship. Is there an ongoing relationship between the worker and yourself? (A relationship can be considered ongoing services are performed frequently, but irregularly.)

11. Work hours. Do you set the worker’s hours? (Independent contractors are masters of their own time.)

12. Full-time work. Must the worker spend all of his or her time on your job? (Independent contractors choose when and where they will work.)

13. Work done on premises. Must the individual work on your premises, or do you control the route or location where the work must be performed? (Answering no doesn’t by itself mean independent contractor status.)

14. Sequence. Do you have the right to determine the order in which services are performed? (This shows control over the worker)

15. Reports. Must the worker give you reports accounting for his or her actions? (This may show lack of independence)

16. Pay Schedules. Do you pay the worker by hour, week, or month? (Independent contractors are generally paid by the job or commission, although by industry practice, some are paid by the hour.)

17. Expenses. Do you pay the worker’s business or travel costs? (This tends to show control.)

18. Tools and materials. Do you provide the worker with equipment, tools, or materials? (Independent contractors generally supply the materials for the job and use their own tools and equipment.)

19. Right to fire. Can you fire the worker? (An independent contractor can’t be fired without subjecting you to the risk of breach of contract lawsuit.)

20. Worker’s right to quit. Can the worker quit at any time, without incurring liability? (An independent contractor has a legal obligation to complete the contract.)

[lastchance]

That alone would not establish criteria. Thank you for the information.

[Yorlik803]

There was a strip club off of I70 in PA called the Hi-Way Playground. It was the rite of passage to go there after shift on the Ambulance. 15 dollars to get in and all the warm beer and hairy pizza one can eat. The girls looked like men who was half way thru Gender Re-assignment when they ran out of cash. It was the closest thing to a freakshow we ever got.
Good times they were. Ahh to be young and stupid again.