Is a Lap Dancer An Employee or Independent Contractor ?
Some courts have held that adult entertainment facilities may have a reasonable basis for treating dancers as independent contractors, depending on the circumstances. See Dej vu Entertainment Enterprises of Minnesota, Inc. v. United States, 1 F. Supp. 2d 964 (D. Minn. 1998) (holding that because the performers created their own weekly schedules, and could work at numerous establishments if they chose, the club had a reasonable basis for treating them as independent contractors rather than employees);
see also Taylor Blvd. Theatre, Inc. v. United States, 1998 U.S. (1998 WL 375291) (determining that it was reasonable to treat nightclub dancers as independent contractors based on industry practice, relevant case law defining employees under the Internal Revenue Code, and the minimal degree of control exercised over the dancers).
So, is a striper/exotic dancer an employee or independent contractor ?
The Colorado Wage Claim Act defines "employee" as:
Any person, including a migratory laborer, performing labor or services for the benefit of an employer in which the employer may command when, where, and how much labor or services shall be performed. for the purpose of this article, an individual primarily free from control and direction in the performance of the service, both under his contract for the performance of service and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an "employee".