The Road Ahead for Dance Professionals
Understanding misclassification in the dance industry and the fight for fair employment practices
Jena Minnick-Bull
Founder & Director
South Coast Conservatory has offered job training to teenagers for over two decades. In training our students in everything from teaching and choreography to injury prevention and college preparation, we have realized that they face challenges beyond their control—like misclassification.
Misclassification is a widespread issue in the U.S. dance industry. It affects everyone from dance teachers at local studios to performers on a major contemporary dance tour and dancers on a film set. When an employer incorrectly classifies a dancer or teacher as an independent contractor instead of an employee, they are essentially engaging in a form of wage theft, denying workers fundamental rights and protections.
The Problem Across the Board
The dance industry often relies on a business model where workers are treated as contractors to cut costs. This is a problem in many sectors:
Dance Teachers
A teacher at a dance studio may be given a 1099 tax form and paid a flat fee per class. The studio, however, often dictates the curriculum, sets the schedule, provides the space and equipment, and has strict rules about attendance and behavior. Under the “economic realities” test that courts use, this level of control makes the teacher an employee, not an independent business owner.
Ballet and Contemporary Dance Companies
Dancers on tour may be paid a flat per diem with no overtime, or a single fee for an entire season. The company, however, manages every aspect of their work—from rehearsals and show schedules to choreography and costumes. The dancer has no opportunity for “profit or loss” in the managerial sense; their income is fixed, and they are integral to the company's existence.
Dancers for Film and TV
A dancer hired for a movie, commercial, or music video may be paid a lump sum and given a 1099. However, they are often subject to a tight production schedule, specific call times, and the direction of a choreographer and director. They are not free to perform the work as they see fit; their service is part of a larger production, making them employees.
In all of these scenarios, misclassification allows the employer to bypass legal obligations such as paying minimum wage and overtime, contributing to Social Security and Medicare taxes, and providingunemployment insurance and workers' compensation. This leaves dancers and teachers with a heavier tax burden and no safety net in case of injury, illness, or job loss.
Why Courts Are Overwhelmingly Siding with Workers
Dancers and teachers across the country are fighting back, and legal precedent is on their side. Court decisions are consistently based on the “economic realities” test, which examines the true nature of the worker's relationship with the business. Key factors include:
Degree of Control
This is the most critical factor. Does the company or studio control the schedule, the method of work, and the final product? If so, the worker is likely an employee.
Integral Part of the Business
Is the worker's role essential to the business's core operations? A dance company cannot function without its dancers, a studio without its teachers, and a film production without its performers. This makes their role integral, not peripheral.
Opportunity for Profit or Loss
Does the worker have a genuine opportunity to profit or lose money based on their managerial skill and investment? Since most dancers and teachers are paid a set wage and have little to no control over the business's success, they fail this test.
Permanence of the Relationship
Is the relationship with the company ongoing, or is it a one-time project? Many teachers and company members work for the same organization for years, another indicator of an employer-employee relationship.
These legal victories have broader implications, setting a precedent that a worker's status is determined by the reality of their working relationship, not just by what's written in a contract.
The Road Ahead
While legal precedents are being set, the fight against misclassification is far from over. It is a complex issue with state-by-state variations in employment law. The responsibility falls on both employers to adhere to the law and on workers to understand their rights.
For all dance professionals, knowing the signs of misclassification is the first step toward advocating for fair treatment. For companies and studios, the risks of misclassification—including back taxes, penalties, and costly lawsuits—make it a business practice that is not only unethical but also financially dangerous. Ultimately, the move toward proper classification is a move toward a fairer, more stable dance industry for all.
At South Coast Conservatory, we believe in preparing our students not just for the technical demands of dance, but also for the professional challenges they may face in the industry. Understanding employment rights and fair practices is essential for building a sustainable career in dance.