Lap Dance - Labor Issues and Job Conditions

Labor Issues and Job Conditions

The economic position of the dancers, as employees of the clubs, has also changed. Over time, the clubs stopped paying the dancers. The stage dancing became a showcase to advertise the bodies of the dancers, whose money came from the tips – or standard charges, depending on the club – that the patrons gave them for lap dancing. In the majority of clubs, dancers are simply charged a percentage of their takings. However, the latest development in many countries, including Britain, the United States and Canada, is that many clubs charge dancers a "stage fee" or "tip-out" per shift. Given that they are paying to be there, some clubs allow as many dancers as possible to appear on any given night, increasing competition among the dancers. The vast majority of clubs will not waive this charge if the night happens to be slow. Consequently, the dancer either leaves her shift out of pocket or builds debt to the club.

In the U.S., most clubs treat dancers as independent contractors, thereby avoiding the need to pay minimum wages, overtime pay and other benefits required by law. This status has repeatedly been challenged by dancers. While labor commissions and the courts have for the most part ruled that exotic dancers are employees and deserving of reimbursement for back pay and stage fees, some court decisions have decided that an exotic dancer can be classified as an independent contractor. In June 2006, in Tracy Buel v. Chowder House (dba The Hungry I) an appellate court of California's first district ruled that dancer Tracy Buel, also known as Daisy Anarchy, was correctly classified as an independent contractor, and that "Buel shall pay defendants’ costs on appeal". A publication called the California Employment Law Letter described the case as follows: "The dancer based her suit on the fact that she was an employee of the nightclub rather than an independent contractor. The appellate court, however, after applying a 10-factor test, upheld the jury's verdict in favor of the nightclub and its owners and found that the evidence weighed in favor of classifying the dancer as an independent contractor rather than an employee."

A UK study on lapdancing found that the overwhelming majority of those surveyed were satisfied with their work, because they get to choose their own hours, get paid instantly, get more money than in other available jobs, and have the opportunity to combine "fun and work" (e.g., socializing with other dancers and patrons). At the same time, the study revealed various disadvantages to lapdancing work: the women never knew how much they would earn each week; they had to try to keep their job secret from friends and family; and they had to face some rude and abusive customers. As well, while most felt safe, almost half had faced frequent verbal harassment and unwanted touching from patrons. Another issue raised by the dancers was their lack of labour rights in the workplace and the high overhead costs – house fees, commissions, fines, tipping out to DJs and bouncers.

The UK paper The Guardian gives a darker portrait of lapdancing in an article partly based on an interview with a former stripper. It states that "esearch shows that the majority of women become lap-dancers through poverty and lack of choice," and that "academic research has linked lap-dancing to trafficking, prostitution and an increase in male sexual violence against both the women who work in the clubs and those who live and work in their vicinity." For example, a "recent conference in Ireland highlighted the use of lap-dance clubs by human traffickers as a tool for grooming women into prostitution; the clubs also normalise the idea of paying for sexual services." "esearch on strip clubs in the US found that all dancers had suffered verbal harassment and physical and sexual abuse while at work; all had been propositioned for prostitution; and three-quarters had been stalked by men associated with the club."