Can a business cap an independent contractors price for their services?

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Can a business cap an independent contractors price for their services?

I’m an exotic dancer at a strip club
and I want to know if they’re able
to designate the prices for
lapdances. Also where would I find
laws/regulations regarding dancers?

Asked on September 7, 2019 under Business Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You are looking too specifically: don't look for laws regarding rates, pay, etc. for dancers, but look at the law and regulations regarding when someone is and is not an independent contractor. You can find those rules on the U.S. Dept. of Labor and the IRS websites.
To oversimplify, an independent contractor is independent: she controls her own schedule and determines how much to charge for her services, among other things. If a business controls how much you can charge and also controls other aspects of your work (e.g. yhour hours or schedule; details what you can and cannot do at work; etc.) you may be an employee, not an independent contractor. If you should legally be considered an employee, they'd have to pay the employer portion of withholding tax for you and pay into unemployment for you; you'd likely be eligible for overtime; you may be eligible for any other benefits (e.g. health insurance) they provide their employees--that is, if you are an employee, you must be paid and compensated as one.
Go to the DOL and IRS websites and look up what they say about when someone is or is not an independent contractor. If you think you should be considered an employee, you could then contact the state dept. of labor about filing a "misclassification" complaint.


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