23 Wm. & Mary J. Women & L. 249 (2016-2017)
Bare Minimum: Stripping Pay for Independent Contractors in the Share Economy

handle is hein.journals/wmjwl23 and id is 267 raw text is: 




   BARE  MINIMUM:   STRIPPING   PAY FOR  INDEPENDENT
         CONTRACTORS IN THE SHARE ECONOMY

                    MICHAEL  H. LEROY*


                         SUMMARY

    My  study explores a small but revealing corner of the share
economy, where an individual's private resources are bartered for
limited use by others in exchange for compensation. Strip clubs
create value for owners by commoditizing sexual labor. Clubs avoid
employment in favor of independent contracting with dancers. They
pay no wages or benefits; patrons pay dancers with fees and tips.
But clubs extract entry fees from dancers who work; require them
to rent dressing rooms and stage time; and compel them to share
tips with DJs, emcees, house moms, bouncers, and bartenders. My
research identified seventy-five federal and state court rulings on
wage claims by exotic dancers. In thirty-eight cases, courts ruled
that dancers were employees; only three courts ruled that dancers
were independent contractors. Courts often awarded dancers mini-
mum  wages, overtime, and liquidated damages. My research relates
more generally to labor in the share economy. Strip clubs epitomize
a trend away from wage based employment in favor of independent
contractor agreements for a transient and rootless workforce. The
share economy model for work takes advantage of the poor bargain-
ing power of individuals, while failing to pay workers minimum
wages, overtime under federal and state law, employment taxes,
and mandated  employment benefits.

INTRODUCTION
    A.  Labor in the Share Economy
    B.  Research Overview
I.  THE BUSINESS MODEL  FOR STRIP CLUBS
    A.  What Is the Share Economy?
    B.  The Business Model for Strip Clubs
II. RESEARCH  FINDINGS FOR DANCER LAWSUITS
    A.  Sample of Cases
    B.  Statistical Findings
    C.  Fair Labor Standards Act: How Courts Applied a Six
        Factor Test for Employment

    * Professor, School of Labor and Employment Relations, and College of Law, Uni-
versity of Illinois at Urbana-Champaign.


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