An important message from mirage.............post c-36

[shakenbake]

The analysis of employee vs. contractor generally go to the 4 part test in Wiebe Door Services Ltd. v. the MNR.
(1) the degree or absence of control exercised by the employer; (2) ownership of the tools; (3)chance of profit; (4) risk of loss

Good one! Judge Bowman was, when he sat on the TCC, a very sharp, fair and unbiased judge, especially as Chief Justice.

http://decision.tcc-cci.gc.ca/tcc-cci/decisions/en/28262/1/document.do

And

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/tcc-cci_Eng/About/Former_judges

 

[DATYdude]

No surprise that the most cogent commentary on the new normal in the industry came from Andy. Well said sir!

It's gonna be an interesting few years in terms of the constitutional battles ahead, but I for one would not hesitate to use the reputable agencies and spas. Note that the Conservatives didn't give one extra red cent to police departments to enforce the stupid new law, so don't expect the police departments and Solicitors General to suddenly divert resources toward this.

While Andy and the other wise agency owners are smart to adapt their business practice, it's not much different than walking down the street with a joint and putting it out of you see a cop. It's not like the cop is coming to bust you but (a) it shows respect and (b) there's no need to be an easy target.

 

[legmann]

yesterday was busier than ever and today is no different than any other Sunday in terms of phone calls or bookings.

Glad to have helped.


Great read; quite reassuring. Guys who've said 'agencies will be the first to go' haven't met you.

 

[krazyplayer]

Actually DATY half of the 20 million is going to policing.

 

[Barca]

Impressive work Andy, both you and other industry business owners. Kudos.

However, if I could just point out the hoops you have to jump through to continue doing business which at the end of the day only means the only thing that has changed is the administrative burden on business owners has increased while the sex trade continues on without pause. The oldest industry in the world won't even blink at this law. It goes to show the level of cynicism and disdain this government has towards the public in forcing through such bad legislation that has little hope of helping anyone or having any real impact.

 

[Sargeant]

Thanks Andy, I appreciate the investment and leadership that you have devoted to this.

 

[sharp56]

I need to hire a limo now

 

[GPIDEAL]

I wish Mirage the best - Taylor was professional.

Just a tip that hopefully your lawyers have covered off with respect to your liability post-C36. What constitutes an employee vs independent contractor will be your key area of challenge and exposure. In the tax field, the CRA doesn't accept that independent contractors are truly contractors when they only work for one agency, are given specific direction on where to work/what hours/how to work etc etc. It's pretty bad in the corporate world where the CRA has a mandate to extract as much taxes so they use any and all means of denying contractor status to people and companies who'd benefit for this arrangement.

In your particular industry - http://www.bna.com/strippers-employees-state-n17179910855/


Unless you've already done so, you'd want to have your criminal lawyers sit with the employment lawyers to ensure that this "contractor" status is bullet proof. All your liability and exposure is on the "living off avails" portion of C36 so obviously the "contractor" strategy makes sense.

Good luck!

My dear friend Serpent (eh, we need to go out again - are you going to the December 11th party?), the link you posted is an American one for the State of Nevada with respect to strippers. Way different ball of wax.

Mirage has already stated that the independents pick their own hours. The girls don't work for the agency. They work for their many and varied clients. He sounds like he's gotten all the advice needed.

I have to say that Andy is an entrepreneur and a maverick.

It's been awhile since I've used his agency (or any agency for that matter), but just recently, I've used Allegra and Cupids, as it's nice to go off the beaten path of indies that I know and still adore. But I will try Mirage again.

 

[Ms.FemmeFatale]

Thanks for the shout out Andy. It is always a fun adventure working for you, but I can't say I will miss our late nights. I am ready for another vacation. LOL

 

[Viggo Rasmussen]

Andy, let your bosses know they're invited to a XXXmas party at Locomotion this Thursday night. It's a good opportunity for them to discuss important things like goodwill and mistletoe with potential clients.
Maybe they'll let you go as well.

:thumb:

 

[freedom3]

keeping phone numbers

We have one central booking landline. No individual cell phones that store texts, emails, etc. to clients. At the end of each shift, all info on the phones that we communicate with the girls with are erased.

I am glad to hear this. I recently received an unsolicited text from another agency that I used six months ago. They are obviously keeping all cell phone numbers on file. (I was going to name the agency, but I won't.)