The decision was made by the Kansas Supreme Court, reports International Business Times. The court ruled that, even though the dancers worked only for tips, the fact that the clubs set the girls’ schedules and commitment made them employees. The exotic dancers’ position was supported by the state Department of Labor.
The case was filed against the owners of the Topeka-based Club Orleans. A dancer at the club filed an unemployment claim after being let go. The owners disputed the claim, saying she was an independent contractor and not eligible. The Shawnee County District Court decided for the dancer and the case was appealed to the state supreme court.
The court ruled that tips earned by the dancers are a wage. The club sets both personal behavior codes for dancers and controls how much they earn in tips for different dances. Both of those facts are enough, according to the court, to make the dancers employees.