Sex workers are entitled to several protections in their line of work. Legal protections are available for sex workers in both the criminalized and legal sectors. Here’s what to know about sex worker rights in California.
For criminalized sex work, condoms cannot be used as evidence against sex workers and sex workers are immune from arrest for sex work if they report being victim or witness to a serious felony while engaged in sex work. For legalized sex work, sex workers may be entitled to employee rights if their employers cannot prove that their employees are independent contractors.
Rights in Criminalized Sex Work
Condoms Cannot be Used as Evidence
Police officers and prosecutors may not use condoms as evidence of sex work-related charges. Police officers cannot confiscate a sex worker’s condoms during a search.
Immunity from Arrest
If a sex worker reports a serious felony, such as assault, robbery, domestic violence, or human trafficking, they cannot be arrested for the sex work they were engaged in at the time of the crime. Sex workers have immunity if they are either witnesses or victims of the crime. Other sex workers involved with the crime are also immune from arrest for sex work.
Related: How to Report Sexual Assault in California
Rights in Legalized Sex Work
Legal Rights For Strippers and Exotic Dancers
Legalized sex workers, such as strippers and exotic dancers, may have more legal protections if they are classified as employees rather than independent contractors. Some of these protections include:
- Minimum wage and overtime pay
- Wage and hour benefits like lunch breaks and rest breaks
- Paid sick and family leave
- Anti-discrimination and harassment
- Eliminating stage rental fees
- Aid from state agencies to resolve disputes
An employer must prove that a worker is an independent contractor rather than an employee. If the employer cannot show all 3 of the following factors, they must treat the sex worker as an employee. The 3 factors for independent contractors are:
- The worker has absolute control and direction in their work.
- If the club controls the worker’s clothing, music, shifts, or minimum amount of dances, the worker does not have control over their own work. As a result, the sex worker may be considered an employee.
- If a plumber comes in to fix the pipes at a strip club, the plumber has absolute control over the direction of their work. As a result, the plumber may be considered an independent contractor.
- The worker performs outside the usual course of business.
- A sex worker dancing and performing for the club is within the usual course of business for the strip club. As a result, the sex worker may be considered an employee.
- A plumber conducts work outside the usual course of business for a strip club. As a result, the plumber may be considered an independent contractor.
- The worker is engaged independently in business or work of the same nature.
- If the sex worker works completely under the umbrella of the strip club and is not employed independently for the same work, they may be considered an employee.
- A plumber is not engaged in work of the same nature as a strip club, and thus may be considered an independent contractor.
If the employer can prove all 3 factors are present, the sex worker may be considered an independent contractor and is not entitled to the same rights as an employee.
FAQs
What sex worker rights do I have for criminalized sex work in California?
For criminalized sex work, condoms cannot be used as evidence against sex workers. Sex workers who report being victims or witnesses to a serious felony are immune from arrest for sex work they were engaged in at the time of the crime.
What sex worker rights do I have for legalized sex work in California?
For legalized sex work, sex workers may be entitled to employee rights if their employers cannot prove that their employees are independent contractors. The employee must prove that the sex worker has control over their work, performs outside the course of sex work, and is engaged independently in sex work. If the employer cannot prove those 3 factors, they are legally required to treat their sex workers as employees and grant them employee rights.
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