Stripped by Massachusetts: Firsthand Account of Strippers Becoming Employees

The Daily Caller (our buddy Tucker Carlson's brainchild) has a new story telling the tale of a stripper lamenting her profession's transition from independent contractors to regular ol' employees in Massachusetts.

The stripper, writing under the pseudonym Pussy Per Se (yes, really) says that "the legislature of Massachusetts, attorney general Martha Coakley, and some savvy lawyers have now put me out of business." But not out of business exactly, just out of independent contracting.

Perhaps because she's writing for a conservative site, Per Se begins her argument by clarifying that strippers just strip: they don't have sex (with customers), or wreck marriages (at least not most of the time). She says operating as an independent contractor gave her the freedom to charge her own rates, giving certain customers deals (sometimes two-for-ones with other club workers) or discounts for longer periods in the champagne room. As contractors, dancers pay a "tip out" to the club for the ability to work there, but don't receive additional benefits like insurance or Social Security. "The dancer can take a loss on any particular day, just like any business," Per Se says.

Still, the law on independent contracting has the following points that seem to say strippers are employees:

(1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and

(2) the service is performed outside the usual course of the business of the employer; and,

(3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.

Most strippers meet points one and three, so the clarification of strippers as employees and not independent contractors is based largely on point two. Strip clubs—despite having argued that their business is selling alcohol and the naked ladies are just a sweet side benefit—are pretty much all about the... well... Ms. Per Se's first name, frankly.

As a result of the initial lawsuit, additional clubs are under assault, meaning that the law is moving closer to making strippers "legitimate" employees. Per Se says this means "strip clubs in Massachusetts should fall like dominoes," but also acknowledges the benefits of the transition. As Jimmy “The Greek” Konstantopoulos, of Castaway Lounge in Whately said, “It’s good for the girls. They may be 20 or 30 now, but they’ll have some Social Security when they retire.”

It's always good to hear from both sides in an argument, particularly one involving strippers. We can see benefits to both independent contracting and full employeeship for strippers, but the law as written seems to support employment status. You can tune in today for more from Per Se on this issue [UPDATE: Part II is here]; we dearly hope she will expand on her earlier insight that "Farmers are good customers, but it can be tough during the onion harvest."