
By Brad Nakase, Attorney
Email | Call (888) 600-8654
Have a quick question? I answered nearly 1500 FAQs.
Her long legs wraps around the chrome colored pole, upside down as she looks down towards the floor six feet from her face. The beats and bass from the strip club’s speakers bumps Marshmello’s “Everyday”….I work hard every motherfuckin’ day-ay-ay-ay. But today is my day, it’s my day.” She loosen her legs from the pole for a descend head first but the fast free fall caused her to land on her face. She later learn that she break her jaw and fracture her check bone but doesn’t have health insurance or worker’s compensation insurance to pay for medical bills. Adult entertainment lawyers are excited about California’s AB-5 to protect workers. AB5 is a new employment law that expand exotic dancer laws in California that seeks to clarify when workers can be classified as independent contractors vs employees.
Under the new AB5 law, the “ABC” test will expand exotic dancer laws in California and be applied to classify a stripper as an independent contractor or employee. Apply AB-5 to California exotic dancers, a strip club must prove that their independent contractor strippers are:
- Outside of the control and direction of the company
- Their work is not central to the company’s business
- They have an independent business related to the work they are performing for the company
For an adult entertainer to remain classified as an independent contractor, they would have to meet all three parts of the legal test. In reality, most strippers and exotic dancers cannot meet those requirements. Since the core business of a strip club is providing adult entertainment through dancing, strippers are central to the operation—which makes them employees under the law rather than independent contractors.
For dancers, this shift opens the door to stronger protections and potential claims against clubs that continue misclassifying them. If you’re unsure whether your rights are being violated, scheduling a free consultation with an adult entertainment lawyer, employment attorney, or workers lawyer is a smart step. An attorney can help you determine whether you may have grounds for a lawsuit and explain your options for moving forward.
The Debate Over Employment Laws: What It Means for Strippers and Adult Entertainers
Few employment laws in California have stirred as much debate as the recent rules that reclassify gig economy workers as employees. The goal is to give workers the same rights and protections as traditional employees. This shift applies not just to drivers and freelancers, but also to strippers and adult entertainers. From the start, though, the law faced pushback from both workers and employers across many industries.
While most of the spotlight has been on companies like Uber and Lyft, these changes have had ripple effects far beyond ridesharing. They have reshaped conversations in tech, media, and especially the adult entertainment industry. For strippers, the rules are particularly significant because clubs have long misclassified dancers as independent contractors, avoiding obligations like wages, benefits, and safe working conditions.
The intent of these employment rules is to fix that problem by guaranteeing things like minimum wage, overtime pay, health care, and the right to unionize. For exotic dancers, being classified as employees also means stronger workplace protections and the chance to work under safer conditions.
Once a dancer is treated as an employee, the strip club takes on serious responsibilities. That includes paying payroll taxes, Social Security, Medicare, FICA contributions, and workers’ compensation insurance. Clubs must also provide benefits such as paid leave, proper meal breaks, and access to health care—things that independent contractors don’t receive.
For dancers navigating these changes, legal guidance is crucial. Working with an exotic dancer lawyer, employment attorney, or class action lawyer can help performers challenge misclassification, recover lost wages, and fight for fair treatment as a group.
What Do California’s Employment Laws Mean for Strippers and Strip Clubs?
Employment lawyers and lawyers for strippers point out that California’s updated worker laws expand protections for exotic dancers and could lead to better pay, benefits, and overall working conditions. These laws require that adult entertainers be classified as employees rather than independent contractors.
Some strip clubs argue that this shift has hurt their bottom line because they are now required to pay dancers wages, benefits, and taxes. Unfortunately, a few clubs have tried to pass those costs back onto strippers through questionable policies such as:
-
Raising house fees
-
Forcing dancers to perform the first few dances for free
-
Taking a larger cut of tips
-
Cutting hours for dancers who are classified as employees
These kinds of tactics are designed to make employee status look worse than being an independent contractor, with the hope that dancers won’t fight for their rights as employees. But in reality, these policies can be unfair—and in many cases, illegal—because they may amount to retaliation.
When dancers are treated as employees, they also gain the ability to unionize and push back against unfair practices, which gives them more power to negotiate for safer and more supportive working conditions.
If you believe your strip club has introduced retaliatory policies or misclassified your work status, it’s important to seek legal advice. An employment attorney, lawyer for workers, or class action lawyer—like those at Nakase Law Firm—can help you understand your rights and explore whether you may be able to file a class action lawsuit on behalf of strippers facing the same unfair treatment.
What Do California’s Employment Laws Mean for Strippers and Strip Clubs?
Employment lawyers and lawyers for strippers explain that California’s worker protection laws are designed to expand rights for exotic dancers, giving them access to better pay, benefits, and safer working conditions. A key part of these laws is that strippers and adult entertainers must be treated as employees instead of independent contractors.
Some strip clubs claim this change hurts their business because they now have to cover wages, benefits, and payroll taxes for their dancers. In response, a few clubs have tried to pass the costs back onto strippers through questionable practices such as:
-
Raising house fees
-
Requiring dancers to perform the first few dances for free
-
Taking a larger percentage of tips
-
Cutting hours for employee-classified dancers
These tactics are designed to make being an employee look less appealing than being an independent contractor, discouraging dancers from asserting their rights. But many of these practices are not only unfair—they may also be illegal, as they can be considered forms of retaliation.
When dancers are classified as employees, they gain the right to unionize, which gives them collective power to fight for fairer policies and better treatment in strip clubs. This shift allows performers to advocate for themselves in ways that weren’t possible before.
If you believe your strip club is retaliating against you or misclassifying your work status, it’s important to speak with an employment attorney, lawyer for workers, or class action attorney. Firms like Nakase Law Firm help strippers understand their rights and explore whether they have grounds for a lawsuit—or even a class action—against clubs engaging in unfair business practices.
Will Topless Dancers, Strippers, and Exotic Dancers Be Classified as Independent Contractors or Employees?
Strip clubs and gentlemen’s clubs must follow the same employment laws as any other business. Despite this, many still try to classify their strippers as independent contractors. The problem is that independent contractors aren’t protected by the Fair Labor Standards Act, which means no guaranteed minimum wage, no employee benefits, no protections around working conditions, and no paid leave.
Under California’s worker classification test, a dancer is considered an employee unless they meet all three of the following requirements:
-
They are free from the control and direction of the club
-
Their work is not central to the club’s main business
-
They run an independent business related to the services they provide
Because exotic dancers are the core of a strip club’s business, they don’t meet these requirements. No matter what a contract says, clubs typically exercise significant control over dancers—everything from appearance and costumes to performance themes, stage rotation, showtimes, and even the length of shifts. That level of control makes dancers employees, not contractors.
This means that all strippers—whether nude, topless, or exotic performers—must be classified as employees. Any gentlemen’s club that misclassifies its dancers risks legal action.
What Are Strippers and Exotic Dancers’ Rights Under California Employment Laws?
When strippers are classified as employees instead of independent contractors, they gain important legal protections. This includes protection from sexual misconduct, racism, and discrimination of any kind, as well as safeguards against retaliation from employers.
If you’ve experienced retaliation, unfair pay, or mistreatment at a club, you should consider speaking with an exotic dancer lawyer, employment attorney, or class action lawyer. Legal guidance can help you explore whether to file a lawsuit or even join a class action with other dancers in the same situation.
At Nakase Law Firm in San Diego, our attorneys have years of experience helping strippers and adult entertainers fight back against unfair business practices. Whether it’s recovering lost wages or standing up against retaliation, a lawyer for workers can help you protect both your pay and your dignity.
Why Will Strippers Benefit from Being Classified As Employees?
While being labeled as an independent contractor may give strippers more flexibility and control over their schedules, being classified as an employee comes with far greater legal protections. For exotic dancers and adult entertainers, employee status brings stability, rights, and benefits that contractors simply don’t receive. Here are some of the biggest advantages:
Job Security for Exotic Dancers
Adult entertainers who are employees have stronger job security than contractors. Employment laws make it harder for clubs to treat dancers as easily replaceable. If you’ve been unfairly dismissed, you may have the right to take legal action for discrimination or retaliation. Speaking with an exotic dancer lawyer or employment attorney can help you protect your job and your rights.
Sexual Harassment and Equal Opportunity Protections
Employees also gain the ability to challenge discrimination or harassment at work. If you’re being denied shifts or paid less because of your race, appearance, gender, sexuality, or disability, you may have a valid claim. Unions can also set clear sexual harassment policies for the industry, making strip clubs safer workplaces. Every dancer deserves fair treatment, and a California stripper lawyer can help fight back—sometimes even through a class action lawsuit.
Paid Leave for Exotic Dancers
As employees, dancers are entitled to paid time off for holidays and sick leave. That means you no longer have to choose between your health and your paycheck. An adult entertainment lawyer can explain your rights and help you recover benefits if they’re denied.
Workers’ Compensation for Adult Entertainers
If a dancer is injured on the job, clubs must provide workers’ compensation. This covers medical costs, temporary or permanent disability payments, and financial support if you’re unable to continue working. Knowing you’ll have income while you recover gives dancers peace of mind and financial stability.
Regulated Hours and Breaks for Strippers
California law limits how long employees can work without a break. If you’re denied a meal or rest break—or told to keep working—the club must compensate you for the missed time. If you haven’t been paid for missed breaks, an employment lawyer or workers lawyer can help you claim the wages you’re owed.
Minimum Wage and Overtime Pay for Exotic Dancers
As employees, strippers are guaranteed at least the California minimum wage for every hour worked, no matter how much they make in tips. In many cities, such as Los Angeles, San Francisco, and Berkeley, the local minimum wage is even higher than the statewide rate. On top of that, dancers may also qualify for overtime pay when working long shifts.
The Right to Unionize
Employee status also gives exotic dancers the right to unionize and collectively bargain for fair treatment. A union gives performers a stronger voice and the ability to hold strip clubs accountable for wages, hours, and working conditions.
Why Is Unionizing So Important For Strippers?
Right now, exotic dancers are largely subject to whatever policies their strip clubs choose to enforce. Many clubs are owned by larger chains, which means that if a dancer falls out of favor with management, she could quickly find herself out of work—and even blacklisted from finding new work at other clubs.
Groups like Soldiers of Pole have been working to change that by pushing for a strippers’ union. Their goal is to give dancers a collective voice, better working conditions, and stronger negotiating power. With union backing, strippers could have a say in important issues like how security is managed in clubs, ensuring that dancers are safe and properly protected on the job.
Union support would also allow performers to negotiate fair wages, secure benefits, and receive guidance on contracts before signing them. Perhaps most importantly, a union would shield strippers from retaliation or discrimination for speaking up about unfair treatment.
Currently, two unions have expressed interest in supporting a strippers’ union, a move that could mark a turning point in the industry. For many dancers, speaking with an employment lawyer, workers lawyer, or even a class action attorney can help them understand how unionizing ties into their rights and what steps they can take to protect themselves while advocating for change.
How Have Exotic Dancer Laws Changed in California?
In California, more strippers are beginning to realize their rights as employees instead of independent contractors. Groups like Soldiers of Pole have been leading protests and reaching out to dancers at clubs across the state, raising awareness about workplace struggles in the adult entertainment industry. Many patrons and even club security have expressed curiosity about the protests, highlighting how little the public often knows about the challenges dancers face.
Being recognized as employees gives exotic dancers significant legal protections that contractors don’t have. This includes safeguards against discrimination, sexual misconduct, wage theft, and unfair dismissal, along with access to workers’ compensation and minimum wage protections. Unfortunately, sexual harassment and misconduct remain common in clubs, and owners too often ignore or dismiss reports. In many cases, dancers who find the courage to speak up are punished or fired, treated as “liabilities” by management. When that happens, contacting a lawyer for strippers or a workers lawyer in California is the best way to fight back.
Some strip clubs have responded by using contracts with “release of claims” clauses, asking dancers to waive their right to sue for past wage theft in exchange for a cash payout. These clauses are legally questionable, and dancers should always have a stripper attorney review such contracts before signing.
Other clubs have turned to new policies designed to shift financial burdens onto dancers. This includes forcing strippers to perform their first few dances for free, tripling house fees, or even slashing wages for employees. These tactics are not only unfair but can also amount to retaliation for prior lawsuits. They’re often used to make independent contractor status look more appealing, even though it strips dancers of critical protections.
Many lawyers for workers believe more class action lawsuits will emerge as dancers push back against unfair practices. In some cases, courts may even have to step in to prevent clubs from continuing to misclassify dancers as contractors. For performers dealing with these issues, speaking with an exotic dancer lawyer, employment attorney, or class action attorney is the best way to understand their rights and explore legal remedies.
The Strip Club Where I Work Still Classifies Us All as Independent Contractors. What Should I Do?
If your strip club continues to classify dancers as independent contractors, they may be violating California’s employment laws. Many clubs are slow to make changes, but that doesn’t mean dancers are without options. Across the state, advocacy groups and workers are protesting clubs that refuse to follow the law, and dancers are increasingly speaking out.
One of the most effective steps you can take is to seek legal advice. Talking to a stripper lawyer, exotic dancer lawyer, or employment attorney can help you understand your rights and the best course of action. At Nakase Law Firm, for example, our attorneys have handled many employee misclassification lawsuits on behalf of dancers. We also advise performers on how to respond if a club retaliates after they stand up for their rights.
Strippers Filing Lawsuits Against Strip Clubs for Misclassification
Over the years, there have been several high-profile lawsuits where strippers sued clubs for misclassifying dancers as independent contractors. Many of these cases have been brought as class actions, allowing dancers to fight back together.
-
In 2016, Déjà Vu settled for $6.5 million after a lawsuit accused the chain of misclassifying over 28,000 strippers as independent contractors.
-
In 2018, Déjà Vu faced another class-action lawsuit involving 5,800 dancers and 25 California clubs. The case settled for $1.5 million, and the chain was required to reclassify its dancers as employees.
Because strip clubs have been reluctant to properly classify workers, more lawsuits are expected in the future. Unfortunately, many strippers are hesitant to come forward due to fear of retaliation or losing their jobs. That’s why legal support is critical—having an employment lawyer, class action lawyer, or lawyer for workers in your corner can make it safer to fight back.
If you’re unsure about your status or feel you’ve been misclassified, reach out to an exotic dancer lawyer for a free consultation. They can walk you through your rights, explain your options, and help you decide whether to take legal action.
Have a quick question? We answered nearly 2000 FAQs.
See all blogs: Business | Corporate | Employment Law
Most recent blogs:
Contact our attorney.