Exotic Dancers are Employees not Independent Contractors

Last week, the Montana Supreme Court ruled that exotic dancers were employees, not independent contractors in case against Playground Lounge & Casino.

In Playground, the employer required each dancer to sign a contract acknowledging that she would be considered an "independent contractor" who would pay a "stage fee" to “rent” the stage and a dressing room for every night she worked. In return, each dancer would retain all tips and dance fees.  According to the Montana Supreme Court, not only were the dancers actually employees entitled to payment of minimum wage for all hours worked, but the "stage fees" were illegal kickbacks.  It held the dancers were entitled to payment of hourly wages, overtime, repayment of the "stage fees" and penalties.

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