Sllippery When Wet: On the Unintended Perils of Artistic Pursuit

Send a textWelcome back to The Employee Handbook (formerly the HR Podcast—we changed it for the SEO, let’s see if it works). To kick off 2026, Arta and Ryan take a trip north of the border to analyze a case that involves contract law, trade shows, and copious amounts of baby oil.We examine Newsham v. CanWest Trade Shows, where a male exotic dancer suffered a knee injury after slipping on stage. While the Canadian courts ruled one way, we break down why California’s "ABC Test" would view this "artistic pursuit" very differently.Whether you are running a trade show, an accounting firm, or a trampoline park, this episode is a masterclass in why you cannot simply "waive" away negligence. We discuss the critical differences between invitees and trespassers, why the Workers' Compensation system is actually an employer's safety net, and why—in California—that independent contractor is probably legally your employee.In this episode:The ABC Test: Why doing business in California means almost everyone is an employee (especially if they are central to your show).Premises Liability: From body paint to carpet types, who is responsible when the stage gets slippery?Waivers vs. Reality: Why you can’t contract out of ordinary negligence, no matter what the paper says.Civil Suit vs. Workers' Comp: Why staying out of civil court is worth the insurance premiums.Disclaimer: The hosts of this podcast are licensed attorneys, but they are not your attorneys. This episode is for entertainment purposes only.