The seventh factor in determining whether a worker is an employee, under the fair labor standards act, is described as:
“The degree of independent business organization and operation.”
I was able to organize and operate my business in any way that I wanted to at Shakers, without owners or management telling me otherwise. While they eventually encouraged other dancers to harass me, and could have possibly caused a constructive discharge case, this factor is arguably still in Shakers favor. I didn’t feel like putting forth the effort to argue otherwise.
As you can see, factors 5, 6 and 7 are vague and can overlap. For other clubs I have sued or am suing, the argument can be made that the constant badgering from staff and owners, about what to do and when, indicates that a dancer is unable to operate and organize her own business.
The next post will wrap up the factors portion of Shakers Studies, discuss the factors I didn’t mention in this small list of seven, and segue into the personality profiles of the people who I encountered while working there.