Unemployment for Strippers: Kansas Supreme Court Awards Exotic Dancers Benefits, What Profession is Next In Line?

By Jon Niles | Feb 06, 2013 05:43 PM EST

Strippers in Kansas have been awarded unemployment benefits by the state Supreme Court after a seven-year legal battle. The court decided that the original classification of strippers being "independent contractors" was incorrect. This news has prompted the question of who else is eligible for benefits since even an exotic dancer is.

In 2005, a former dancer at Milano's strip club in Topeka, Kansas, filed for unemployment and was denied. The reason she was denied benefits was due to the owner of the club's claim that, as a performer she "rented" the stage where she danced and was only compensated in tips. The dancer took the case all the way to the Kansas Supreme Court, which concluded that strippers were not independent contractors. One reason for this ruling was because the clubs enforced the time when the dancer needed to show up for work and also a set of house rules were to be followed. This was considered the club's "right to control." Also, the court said the dancers were clearly a key part in the financial success of the clubs. For these reasons, the strippers are now considered employees as opposed to independent contractors. Here is an excerpt from the Department of Labor's reasons for strippers to get unemployment:

"The proof of the extent of the dancers' integration into Club Orleans business is shown by billboards exhibiting the pictures of dancers, pictures of dancers on the outside of the club's building, and newspaper advertisements with pictures of dancers and promotions involving dancers."

 As an independent contractor, there is not much one can do. Strikes and unions are out of the question even though many industries -stripping, shipping, media, fashion, and etc- constantly misrepresent workers' classifications. This success for Kansas's strippers is huge, especially for Kansas as a whole. The face that this whole ordeal came from one woman and eventually worked out to help hundreds is saying a lot about her. So again: great for Kansas. But what about the rest of the country? This case took 11 years to come to a head and it was an uphill battle. It is definitely a step in the right direction, but many more steps that may or may not follow the path will follow it.

So who will be the next to get benefits? There are many issues around freelance workers, so odds are it will come from them. Do you have set hours and rules and work full-time for one client? Guess what! You sound like that stripper I was just talking about, which is very promising!

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