An employer is a person who provides a job; an employee is that individual who takes the responsibility to do that job. And employer promised or agreed to pay hourly, weekly, or monthly for that job. We can see two types of employees everywhere around the world, and we often suffer from the confusion between an employee and an independent contractor. An Employee Attorney is another personage who faces the legal facts and provides substantial merit when there is a conflict between an employee and an employer.
Before we jump to the point about Exotic Dancer and the Exotic Dancer Laws under California AB-5, we must make the concept clear regarding the employee and independent contractor facts.
An employee is an individual who works under an employer, and an employer pays him an hourly, weekly, or monthly basis. The relationship between employer and employee stays for a long time, and in the case resign, they both have to approach a specific time earlier than the due date.
On the other hand, an independent contractor is that person who deals with an employer or a client and takes the job as a project. Until the plan or his job gets done, he is bound to provide services or goods. In most cases, we can see that after the completion of the project, no relationship stays between the independent contractor and the client or employee.
Law Regarding Exotic Dancers
Exotic dancers are those people, who dance on a pole and generally stripes in adult’s entertainment way. A belly dancer is also included in this class. In California, a new law has been created named AB5, and it provides rules for these dancers as well. This AB5 is an employment law that mends to protect the workers, and this law strictly defines the difference between an employee and a contractual employee or independent contractor.
To apply for his AB5, that entertainment place owner has to prove some general facts that the exotic dancers are independent employees. One is, there is no control on the dancers or the stripers, neither they are directed nor forced. Second, the club doesn’t rely on them regarding business. Eventually, the dancers have to have a business of their own and contracted with the company. If an adult entertainer meets the following facts, that individual is classified as an independent contractor. But meeting these prerequisites is rare since an adult club runs the business by relying on their dancers or stripers because of having the mission to entertain adults.
Surprisingly, an adult entertainer is encountered as an employee more than an independent contractor. And about legal rights, according to law AB5, they severally protected. Such as- A dancer is protected from sexual harassment. It also includes racism or any discrimination and being attacked physically by the owner of that club. This law strictly stands beside those who are earning less than the marginal or fair payment.
According to this new law, the owner has to pay the extra benefits to the dancers, and taxes are not exceptions.
Exotic dancers are more likely to be independent contractors than employees. Forcing the dancer to become an employee means an unfair mean. Yet, if dancers want to form themselves as employees, they can build unions to argue with the club owners and stand against the illegal practices. But if an employee and a dancer face any mental or physical force regarding any method in the club, that employee can seek legal aid to get rid of this.
This law system may get much negative or unrealistic feedback from the clubs’ owners, but when an employee or a dancer speaks, positive acts are there which are supporting the employees.