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View Diary: The naked truth: Exotic dancers deserve labor law protections (46 comments)

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  •  legal liability is another "indep. contractor" rea (0+ / 0-)

    Some establishments that feature nude or nearly nude dancers (female or male or both) want the dancers to be considered as "independent contractors" for reasons of legal liability and maintenance of the business's liquor license.

    Let's be honest here - for some establishments featuring nude or nearly nude dancers, female or male, there is zero sexual activity on or off premises and for other establishments , there is sexual activity, either on premises (private "lap dance" in a back room) or off premises (dancer makes "date" later with customer, possibly at customer hotel room).

    For the owner of the business, he or she prefers for that dancer who is performing sexual activity for pay (the lap dance that goes beyond a lap dance in the back room, the tryst in the hotel room after the dancer gets off work) to be deemed NOT an employee but rather an independent contractor.

    If the business owner has an "employee" performing sex on premises in a backroom out of sight of the owner / manager (wink wink) or after hours with a business customer in the customer's hotel room, the business owner could be subject to criminal prosecution and/or lose his or her liquor license.  If one of the business owner's "independent contractors" does the same acts, the owner can make the legal argument that the person was not his "employee" - so the business cannot be held liable, cannot be prosecuted and should not lose its liquor license.

    Such businesses have been treating their dancers as "independent contractors" at least in part for that reason for several decades.

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