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(State Journal)   Exotic dancer in West Virginia files suit over payment system. In related news: They have 'Exotic Dancers' in West Virginia   (statejournal.com) divider line 16
    More: Interesting, West Virginia, payment system, Berkeley County, Fair Labor Standards Act, independent contractors, right of ways, Krystal McLaughlin  
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6168 clicks; posted to Main » on 20 Mar 2013 at 12:26 PM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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Archived thread
2013-03-20 11:24:32 AM  
3 votes:
Yeah, they do.  And they're not toothless hicks, they're WVU students stripping to pay their way through college.
2013-03-20 02:38:12 PM  
2 votes:
Let's discuss the merits of the case.  When is someone an independent contractor and when are they an employee?
Key factors include:

Who has to actually perform the work?
An I.C. merely has to guarantee that the work is performed to an agreed upon standard.  An IC can sub-contract the work if they wish.
An employee is required do do the work him/her self.
So, can the stripper in question send her room-mate to cover a shift?

Who sets the hours and location?
An I.C. can come and go as they please, within reasonable constraints.  A construction worker can show up as early as the site opens, or as late as it closes.  When there are multiple trades involved, there may be scheduling issues with access to the site, and other dependencies (The painter can't go in before the drywaller), but generally, as long as the work is progressing at an agreed upon pace, you can set your own hours.

An employee is required to start at a set time, and leave at a set time.

Now Consider:  (ftfa)  a $15 penalty if they arrived late for work and a $100 penalty if they did not come to work without calling in advance.

Does this sound like an independent contractor?
2013-03-20 12:35:25 PM  
2 votes:
Really? I figured all the hot women just hung out at the library all day.
2013-03-20 12:28:58 PM  
2 votes:
Well, anyone not in your immediate family is exotic to some.
2013-03-20 12:27:05 PM  
2 votes:
I assume almost anything that comes into West Virginia is exotic.
2013-03-20 07:02:07 PM  
1 votes:

mightybaldking: Let's discuss the merits of the case.  When is someone an independent contractor and when are they an employee?
Key factors include:

Who has to actually perform the work?
An I.C. merely has to guarantee that the work is performed to an agreed upon standard.  An IC can sub-contract the work if they wish.
An employee is required do do the work him/her self.
So, can the stripper in question send her room-mate to cover a shift?

Who sets the hours and location?
An I.C. can come and go as they please, within reasonable constraints.  A construction worker can show up as early as the site opens, or as late as it closes.  When there are multiple trades involved, there may be scheduling issues with access to the site, and other dependencies (The painter can't go in before the drywaller), but generally, as long as the work is progressing at an agreed upon pace, you can set your own hours.

An employee is required to start at a set time, and leave at a set time.

Now Consider:  (ftfa)  a $15 penalty if they arrived late for work and a $100 penalty if they did not come to work without calling in advance.

Does this sound like an independent contractor?


Another caveat is an independent contractor MUST be available to work for other businesses in the same line of work. If the club has a rule that they can't work elsewhere, or the hours required don't allow other employment, they are not independent contractors.
I worked for 2 years as an independent contractor and the company was forced to hire me as an employee for that reason.

When an adult film star goes on tour to strip clubs, they are working as independent contractors.
2013-03-20 03:33:58 PM  
1 votes:

Mateorocks: It's about two hours to get to a West Virginia border from DC.

I will accept that Baltimore, not DC, could be considered a main metro hub for some residents of West Virginia. I've never been there, but I'm guessing that folks in Morgantown would consider Pittsburgh to be their main metro hub.

If I'm wrong, and there are thousands and thousands of folks living in WV walking around wearing RGIII jerseys or Nats hats, please forgive my ignorance.


Perhaps I'm just being pedantic but Jefferson County (Harpers Ferry, Charles Town, Shepardstown) is formally defined as part of the Washington MSA. Depending on traffic that's an easy hour & 15 minute drive from DC. Morgantown is closer to Pittsburgh, sure, but WV is a big state.
2013-03-20 01:49:20 PM  
1 votes:

Mateorocks: . West Virginia is not considered a part of the DC Metro area


I live in the eastern panhandle and I can be in DC in an hour.  Lots and lots of commuters live here.  Given, the eastern panhandle is an oddly tacked on bit of land for the rest of the state (seriously, look at it on a map), but it is indeed part of the DC Metro area.
2013-03-20 01:40:15 PM  
1 votes:
The industry's comp system is corrupt and grossly unfair.  I'm glad to see dancers fighting it.  But I wonder what's going to replace it and how dancers' incomes will be affected.
2013-03-20 01:04:31 PM  
1 votes:

nekom: Yeah, they do.  And they're not toothless hicks, they're WVU students stripping to pay their way through college.


Offer not valid in Wheeling.
2013-03-20 01:02:37 PM  
1 votes:

TheGreatGazoo: There's a reason strip clubs are dark.


So the dancers don't have to get a good look at the fat,ugly, customer?
2013-03-20 12:41:42 PM  
1 votes:

Grestep: They can be fully nude in West Virginia as well.


Indeed, and serve alcohol. IIRC here in PA they can only be fully nude if no alcohol is served. Or something like that. People drink in the parking lot. My 21st birthday involved a strip club outside of Morgantown. The beer, by the way, is free. Was anyway. Buddy's brother in law got a DUI. Good times.
2013-03-20 12:38:10 PM  
1 votes:
I more shocked to find out they have lawyers in WV.
2013-03-20 12:34:58 PM  
1 votes:

Grestep: They can be fully nude in West Virginia as well.


Fully nude + booze + smoking indoors.

/or so I've heard.
2013-03-20 12:32:06 PM  
1 votes:
They can be fully nude in West Virginia as well.
2013-03-20 12:31:12 PM  
1 votes:
Of course they do.  They're called "cousins".
 
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