This week, on Justin Leto’s appearance on America Now with Andy Dean, Justin and Andy discussed legal issues ranging from First Amendment Rights and issues involving eomplyment law. The following are some of the stories we discussed:
1. Are exotic dancer entitled to the same rights as any other employees. In a case that is being certified as a class action lawsuit, exotic dancers are alleging that they have been deprived of their rights to minimum wage and other employee rights. Andy seems to enjoy this story just because it deals with strippers. But, as i explain to Andy, it does not matter whether these women are strippers or any other type of employee, they are still entitled to the same rights as any other employee. The strip club owner takes the position that the strippers are independent contractors and, thus, he does not have to pay them minimum wage or provide any other benefits. But the owner is wrong and I predict the courts will find in favor of the dancers. The test to determine whether you are an employee or an independent contractor is the level of control that the “employer” has over you. In this case, the dancers are required to charge certain amounts, are required to give a percentage to bartenders and other club employees and are required to report on schedule as per the club. Under these circumstances, this is an employee-employer relationship and this case will be won by the dancers.
2. The appeal by Steubenville rapists. The young men convicted of raping a young girl after she passed out from alcohol are appealing the case, claiming that the 17 year old convicted rapist’s brain in not developed enough to appreciate his actions. Andy takes the position that the lawyer that filed this appeal is a shame to the legal profession. As I explain to Andy, he completely disregards the fact that a convicted criminal is entitled to an appeal. The lawyer that filed this appeal is doing his job and there is nothing wrong or shameful about filing this appeal. The United States differentiates itself from other nations because we provide certain rights and access to the courts. While one may not agree with what these young men did, they have a right under our laws to appeal their conviction. And no matter how heinous the crime or how despicable the criminal, our country remains great because everyone is allows their day in court.