A Losing Battle: Strippers Left in the Dark

  By now everyone knows about the 2018 CA ruling on Dynamex and how it affected strippers. The insulting $300 settlement granted to all the DejaVu dancers around the country. There are about 170 franchises, employing an estimated 5,500 dsncers, give or take. So a $1.5 million settlement was really garbage. The news made it seem as if a few dancers were awarded that amount and it triggered some dancers who, unbeknownst to them, got just as screwed as all the DejaVu girls, and the results varied.

  In fact, two dancers decided to take on their club head on- they wished to remain anonymous and went by the alias' "Jane Roe" #1 and #2 (public records can be found on any court docket site, or Google "Shannon Liss-Riordan sues San Francisco club"); and her firm will take dancer cases from dancers all over America. How is this new news? It isn't. It's a recap so this next HIGHLY IMPORTANT information that might help cushion the blow from the aftermath, and some helpful advice many dancers can likely attest to. 

***For CA strippers, I will provide a link below for the Dancer Guild. As employees, you'll be needing union backup, and this is the only one the DOL recognizes.***

  Outside the confines of the West Coast, it isn't looking too bright. That is until you learn some truths about FLSA and why it failed for many. 

  Two things; 1) Never give up no matter how hard your battle is, and 2) HIRE THE RIGHT ATTORNEYS!

  Easier said than done, right? Wrong! There's a Boston Law Firm, Liss-Riordan's actually and they'll go anywhere. Back to the point.. The main reason we don't hear much about these lawsuits is because most are settled quickly and never see the light of day. One reason is because owners with mislabeled employees don't want to get caught, because it's a form of tax evasion and many are guilty of money laundering; all while taking dancers' hard earned cash.

Suing is a perfectly acceptable route to take, but don't get lost in the legal jargon. 

  Dancers on schedules, per IRS & DOL laws, are legally employees. They're labeled, by club owners, as independent. This is merely to save on taxes but they're using dancers for far more than that. Mislabeling is a serious offense and the ONLY way we can change this industry back is to show- one case at a time- how serious and widespread this problem is. Here's where it gets confusing, so I'll try to keep it simple.

  FLSA suits are for employees who are owed back-wages and overtime, therefore when dancers sue because they're on schedules, they're suing for wage compensation. That's no secret. The problem is, we make cash and clubs move it. It CAN BE tracked but it isn't. It's easy for clubs to hide cash and there are many things all dancers can do to make sure things DO change.

  If dancers want independent contractor status, then dancers need to do their due diligence. The more you can prove the easier it will be. These cases are easily won but I've noticed there's something dancers expect and people are more confused than ever. CA dancers on schedules had to be reclassified with the IRS as employees, but it's an isolated incident, and a statewide ruling concerning all businesses.

  The reason dancers sue and expect to finally be free of schedules feel mislead is simply due to a lack of knowledge about how these cases really work. The public records are always available on these cases. Unless there's a state law in place that mandates business sued for mislabeling must properly classify workers, many are disappointed to find out that after they settle, things remained just as they always were, or fired. Either way, that has to change.

  On a large scale, with over 500,000 dancers in the US and 5,000+ clubs, there are billions of dollars that go unreported each year for a multitude of reasons, the top being mislabeling; it limits what they can claim without raising suspicion. One club can do a lot of damage to a state's economy. I've interviewed over 5,000 girls in 31 states and they all say the same. They're on a schedule and don't want to be. Settled a suit and were left confused about a tiny detail that poses a major problem; they were still scheduled even after having proof of mislabeling, etc.

  Wage and O/T suits aren't written for nor conducive to dancers. Dancers have to do a little more than sue to get that schedule off the wall. Some states have misclassification task forces and they provide a lot of information the news doesn't. Laws need to change. Perhaps an addendum on the FLSA itself, or a whole new act. In order to get results we have to work for it. Remember, you may be one person but all the right agencies are catching on to a major problem, and you could be part of making a change. If dancers really want to be free of all things "employee", they'll have to fight harder and take some extra measures that the typical FLSA plaintiffs don't.

  For instance, not keeping record of cash, expenses, etc. isn't helpful. The more you can prove how much profit your club makes off just one dancer, the better. Filing taxes might be in your best interest. If you haven't yet, start. The IRS will issue tip ledgers, your W9 and 1099misc forms if your club owners did not. On the tip ledgers they obviously ask for your expenses and that includes tips. In addition they require first and last names of the people you tipped. This tracks the tipped employees and helps the IRS determine whether or not those tips are being claimed. 

  Again, if everyone filed these ledgers with their 1099 forms, they'd have something to work with. They'd see on average how much dancers pay out and eventually that it will NEVER line up with their employer's records. Some places are so bad, dead or have no/too many dancers, etc. that they literally only operate because of the dancers' money. So dancers who are usually struggling are paying club overhead, a manager's mortgage and vacations. It worked for a long time, I'll give them that. 

  Now it's out. Dancers all over the country are talking and that was a goal for many, including myself. Fair labor for strippers, ideally, would be clubs adhering to independent contractor laws since they make dancers sign the forms and dancers working on their own time; it's why most of them (myself included) get into it. Only to be on a schedule to make someone else money. Dancers are the LAST to take money home..

  Making clubs reclassify and pay dancers a wage doesn't make sense to most of us, is the opposite of what we want and will fail in many states; solely due to individual state laws. Dancers need to be able to sue their employers for the cash they gave them, and never had to, and for contractor status. Be treated as what they're labeled and not reclassify as how they're treated. Most don't want that and it just makes sense for dancers to be independent. Attaining this status is the challenge.

  There are politicians in every district and you can approach them. There are lobbyist groups. Labor groups especially can provide information on how to get your status back without causing further damage or harm, or ending up back at square one. Don't give up! There are so many avenues. Reporting to organizations. Get a bunch of dancers to rally at a political campaign. You have that right. Washington state has a dancer safety bill circulating. The excuse that contractors have no protection is wrong. You have every human right all others do. If you're assaulted then we'll write a law that clubs must hold the assailant until police arrive, not just throw them out. Remember, sexual abuse gets men in prison and often on a registry. If we want society to know that these sex offenders are hurting us, we have to tell them. So don't let the next one walk out. Get him locked up!

  Get creative. Look on the IRS site for laws and forms. The DOL site.. Read the Fair Labor Standards Act so you know how to amend it. Then start writing ideas on how to change your worker status that don't include a lawsuit. THOSE are the ideas that will become something lawmakers can work with to make our job better, fair and hold clubs accountable. If you truly want it, no more excuses.. You're NOT too busy.. You just have to want it badly enough and you'll accomplish your goals. Giving up is guaranteed failure!

  Union:
  www.ieauunion.com for dancers who are now employees. I strongly recommend union protection.

Also, a news story I was featured in and was reblogged by SWOP-USA!

https://qctimes.com/business/big-story-exotic-dancer-sues-davenport-strip-club-over-unfair/article_847d837f-78e0-56d0-b256-3b9e93929123.html