Stripper or stripped?

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Stripper or stripped?

My daughters roommate is an exotic dancer (nice way to say stripper) at a nightclub/diner. The arrangement to my understanding is that she is an independent contractor and working there is scheduled by a manager and she is paid every night at the end of her shift. Pay is calculated by taking the entire proceeds she has acquired during her shift and giving 10% to the club and another 10% to the D.J., the remainder is hers. Here’s where I start to have questions. If she misses a scheduled shift she has to pay the club $40 for each day missed from her nightly earnings. Just recently she missed 4 or 5 days in a row and when she returned to work the first day back she was told that all the money she would be making that evening was going to be taken by the club as a punishment for her absenteeism. So at the end of her 8 hour shift she left the club with nothing because they kept her money, although she had made more than the $40 X 5 nights she had missed. Is this legal?

Asked on May 31, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I don't think this is legal, because it doesn't sound like the young woman is really an independent contractor here.  This might be a case where the slight variations in law from one state to another make a difference, and I'm not a California attorney.  Also, in a case like this, the details matter, and seemingly small facts can change the result.  Your daughter's roommate really needs to review the entire situation with a lawyer in your area, if she wants to pursue this.  One place to look for an attorney is our website, http://attorneypages.com

If she's not an independent contractor, this sounds to me like a serious violation of the wage and hour laws, on what you've provided here.


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