Exotic Dancers Alliance (Not currently operating)
Exotic Dancers Alliance was a 501(c)(3) Non Profit Organization (Project of the Institute for Community Health Outreach) funded by private and public foundations, fund raising events, and community donations.
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LAWS 2 KNOW
| legal definitions | what every stripper should know | legal resources |
| E.D.A. recommendations for operation of adult entertainment theaters | union-approved strip clubs |
| Articles |
HOW TO FILE FOR BACK WAGES & RETURN OF STAGE FEES
EMPLOYEE:
where a person performing work for another is subject to the orders, control, & direction of such other person (employer). [29 Cal Jur 3d (Rev)]INDEPENDENT CONTRACTOR:
Any person who renders service for a specified result, under the control of his principal as to the result of her work only and not as to the means by which such result is accomplished. [29 Cal Jur 3d (Rev)]EMPLOYEE vs. INDEPENDENT CONTRACTOR
Independent contractors set their own hours; are not required to follow management enforced rules or regulations; are paid by the job not by the hour; don’t have a continuing relationship with management. Management’s success or continuation of business or profits shouldn’t depend on the service of independent contractors—if club owners rely on regular performers as a primary source of business, then the per- formers are not independent contractors.THE IRS & CALIFORNIA LAWS DETERMINE IF A WORKER IS AN INDEPENDENT CONTRACTOR, NOT WRITTEN AGREEMENTS. WORKERS ARE EMPLOYEES, UNLESS MANAGEMENT CAN PROVE OTHERWISE.
Judges & government auditors assume that most workers are employees unless the hiring firm can prove otherwise. A written or oral agreement between you & the person who hired you is not proof of an independent contractor relationship. (Non-negotiable/contracts or “stage fee” receipts that you were forced to sign in order to work are reflective of an employee- employer relationship not an independent contractor situation).INDEPENDENT CONTRACTOR STATUS HAS NOTHING TO DO WITH JOB TITLES OR TYPES OF WORK.
2 people can do exactly the same job: 1 can be a true independent contractor and the other can be an employee. (Right to control workers/workplace is what matters)ONE MISTAKE AND INDEPENDENT CONTRACTORS CAN BE CONVERTED INTO EMPLOYEES
Independent contractor status isn't static. Any action by the hiring firm or its employees to control independent contractors can convert them into employees.
WHAT EVERY STRIPPER SHOULD KNOW
STAGE FEES:
Labor Code 351 expressly forbids an employer to directly or indirectly claim any part of the employees tips. While the workers can be compelled to share tips with other employees, they cannot be forced to give tips to employers, nor can tips be credited against the minimum wage which the employer must pay.TAXES:
It is better to submit an amended return on unreported tips than to submit to blackmail initiated by management. A dancer with dependent children, earned income credit, health insurance credit and child care credit will probably pay little, if any, additional personal income tax. As to social security tax, if the dancer defines herself as an independent contractor, she could be liable for the entire 15.3% tax on self-employed income; however, if she is an employee, the employer must pay one half of the tax with the other half paid from employee wage withholdings.WORKER'S COMPENSATION:
Under the California Labor Code, employees must be covered by workers compensation which covers on the job injuries.UNEMPLOYMENT AND DISABILITY INSURANCE:
Under the California Unemployment Insurance Code, an employee may be entitled to unemployment and disability insurance.LABOR UNIONS:
The union is you and your coworkers organized together addressing workplace issues. Benefits of organizing may include: wage increases, benefit improvements, grievance procedures, protection against management favoritism when it comes to layoffs, promotions, assignments, discipline, etc.
California Employment Development Dept. (EDD) -
administers unemployment benefits, disability benefits, and state income taxes, (415) 749-7599California Workers' Compensation Appeals Board -
administers workers compensation benefits, (415) 557-1954CAL-OSHA -
investigates unsafe working environments, (415) 557-8640Department of Fair Employment and Housing -
investigates complaints of sexual harassment and discrimination, (800) 884-1684.Service Employees International Union Local 790 (SEIU) -
represents public employees and community workers, (415) 575-1740State of California Labor Commission -
administers minimum wage, overtime, etc., 455 Golden Gate Avenue, (415) 703-4863EEOC (Equal Employment Opportunity Commission) : To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call (800) 669-4000. EEOC website: www.eeoc.gov
DFEH (California Department of Fair Employment and Housing): To file a complaint with the DFEH, call the Communication Center at (800) 884-1684 to make an appointment. DFEH website: www.dfeh.ca.gov
E.D.A. RECOMMENDATIONS FOR OPERATION OF ADULT ENTERTAINMENT THEATERS
UNION-APPROVED STRIP CLUBS:
1033 Kearny Avenue,
San Francisco, CA
(415) 391-3126
ARTICLES
Interview with Angela Y. Davis
made possible by: Unitarian Universalist Funding Program
