In a March 18, 2015 decision, the Supreme Court of South Carolina granted workers’ compensation benefits to an exotic dancer who was shot and injured during the course of her work activities.
Although the legal conclusion was contested, the facts were not in dispute. Claimant LeAndra Lewis worked as an exotic dancer at multiple establishments in North and South Carolina. On July 23, 2008, claimant was working at the Boom Boom Room Studio 54 when she was struck by a bullet fired during an altercation, resulting in the loss of a kidney, internal damage, and scarring. The club where she worked had several rules in place which dancers were required to follow, including the provision of VIP dances at a patron’s request and adherence to schedules and dress codes which, if violated, would result in “fines.”
Claimant sought total disability benefits. The South Carolina Uninsured Employer’s Fund (appearing on behalf of the employer who did not appear at the hearing), disputed the claim on the basis that claimant was an “independent contractor” instead of an “employee,” maintaining that the club did not exert sufficient control over the claimant’s work activities.
Although the lower courts agreed with the Uninsured Employer’s Fund, the Supreme Court of South Carolina ultimately disagreed and found that the claimant was entitled to benefits. The Supreme Court found an employee/employer relationship based on the totality of the facts, including: Claimant was required to pay a “tip-out fee”; the club had the ability to dictate the timing of her performances and prices for private dances; the club maintained control over the amount of clothing claimant must wear while on premises; the club’s furnishing of equipment such as a performance space, stage, pole, and sound system; and the club’s retention of the right to fire claimant without recourse while claimant worked during a given shift.
For more: see LeAndra Lewis v. L.B. Dynasty, d/b/a Boom Boom Room Studio 54 and S.C. Uninsured Employer’s Fund, 2015 S.C. LEXIS 118, Opinion No. 27509 (March 18, 2015).