The Law of Work
  • Home
  • About
  • Professor David Doorey
  • In the Media
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • In the Media
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
Law of Work Archive

Is a 'stripper' an 'employee' or an 'independent contractor'?

by David Doorey September 7, 2009
written by David Doorey September 7, 2009

Here’s a topic we consider in Week 2 of my Employment Law course week.   Is a worker an ’employee’ or an ‘independent contractor’?  The answer matters significantly in employment law, because only employees are entitled to the protection of employment laws like employment standards legislation, pay equity protections, workers’ compensation, and human rights laws governing the employment relationship.
But determining whether someone is an employee or not is not always a straightforward exercise.  I argued a case years ago when I represented a taxi driver who had his throat slit by a passenger and was denied workers’ compensation benefits on the basis that he was an ‘independent contractor’ and not an employee of Blue Line Taxi in Ottawa.  We won that case.  The Tribunal ruled that the taxi driver was sufficiently controlled by Blue Line and integrated into Blue Line’s business to make him an employee, even though he owned his car and taxi license, and he set his own hours of work and was not paid a wage by Blue Line.  Since he was an employee, he was entitled to workers’ compensation benefits.
Here’s a story from the U.S. about a case in which strippers were ruled to be employees of the club where they danced. The nightclub in Washington took the position that strippers are self-employed entertainers and not its employees, and therefore were not entitled to the statutory minimum wage applicable to employees.  The Court disagreed, finding that the dancers were closer to employees than independent businesspeople. I suspect most exotic dancers in Canada are in a similar situation, but you would need to look at the particular arrangements in each case.
Here is the decision, if you are interested in reading about the employment life of a stripper.

3 comments
0
FacebookTwitterLinkedinEmail
David Doorey

Professor Doorey is a Full Professor of Work Law and Labour Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
Stowar v. Telehop: HR Mistakes Can Prove Costly
next post
Guest Blog: Wozniak on Dismissing Employees

You may also like

This Blog Entry is About the Lunacy of...

July 21, 2019

A Cross Country Update on the Card-Check versus...

October 3, 2018

The Folly of Not Voting to Strike in...

September 16, 2018

Unifor Posts Photos of Replacement Workers as Gander...

September 10, 2018

A Wrongful Dismissal Case and the Absence of...

August 29, 2018

China Said to Quickly Withdraw Approval for New...

August 27, 2018

The Latest Hot E-Commerce Idea in China: The...

August 27, 2018

The Trump Administration Just Did Something Unambiguously Good...

August 27, 2018

Unstable Situations Require Police In Riot Gear Face...

August 27, 2018

Trump’s War on the Justice System Threatens to...

August 27, 2018


Follow Us On Social Media

Substack
Bluesky

BlueSky Latest Posts

No posts available.

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • Constructive Dismissal
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gender
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • New Zealand
  • Newfoundland
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • Tax Law
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.