Dancers at Club Orleans in Topeka, Kansas, who earned only tips without a regular wage, were subject to house rules that prohibited illicit or illegal conduct and regulated interaction among the dancers and between the dancers and customers. Violations of the rules could result in the dancer being fined or terminated. The rules also set minimum tips for various types of dances, which were enforced. The dancers were allowed to schedule their own shifts. One of the dancers filed an unemployment benefits claim against Milano’s, the company that owned Club Orleans. Is the dancer an employee or an independent contractor? Decide. Explain.
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