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A closer look at mislabeling of employees in the adult entertainment sector

Posted on December 23, 2014 12:00 pm under Overtime Law and Minimum Wage Violations

Considered among the most disenfranchised workers in the U.S., employees in the adult entertainment industry oftentimes fall into the pitfalls of employment misidentification. Instead of classifying them as employees, many businesses in the adult entertainment industry classify their workers as independent contractors. Unfortunately, misclassification of employees as independent contractor entails many disadvantages, such as denial of minimum wage and overtime pay.

The Fair Labor Standards Act (FLSA) requires full employees to be eligible for minimum wage and overtime payments. Independent contractors, on the other hand, are not considered “employees” under the FSLA. To be classified as an independent contractor, one must possess the following:

  • Set own hours of work
  • Not required to follow rules and policies enforced by the establishment
  • Paid not by the hour, but by the job
  • Do not possess an enduring or continuing relationship with the business owner
  • The business establishment does not rely on them as a primary source of income

If you believe your rights as a worker in the adult entertainment industry has been violated, a lawyer at Habush Habush & Rottier S.C. ® might be able to help you. Call our office in Wisconsin at (414) 271-0900 and have your situation assessed for free.