Part 2: Protect Ya Neck! Strategies for Personal and Professional Safety

My only goal in this is to inform, support and empower individuals to protect themselves and others. I have to use humor and Wu-Tang or this would just be too much, so prepare accordingly.

Where do we go from here? Tools, and preparation. Plan, plan, plan. When conversations that are supposed to be or are initiated in the context of work or your profession and it turns to sex, any of the other afore mentions off limit areas...or any area of your personal like that you do not want to discuss. Reject the premise of the statement or question and pivot.

You say, “What does this look like, Carey? I will give you an example from my own life.

Circus Arts and Acrobatics is only one of many industries I have worked in but the problems are seemly universal. While working as a supervisor at a boutique hotel in FL, my new manager walked into the kitchen and said in front of several staff members, “How do you keep that body so hot, girl?!” I was stunned, and responded “I workout a lot.” I walked back up front into the dinning room, at that point a cook came out from the kitchen and said “did that really just happen?” To which, I replied “it sure did, and that was weird, right?”. I turned around and went back into the kitchen where the manager was still standing and stated loud and calmly, “That was an inappropriate way to speak to me, do not do it again.” He responded: “Its ok, I’m gay.” I said, “I don’t care what you are, no one speaks about my body that way.” Even in my mid 30’s it took me a solid 5 mins for the comment to sink in, and another person who witnessed it to verify its outrageousness in my own mind.

For you this could be a potential or current employers, teachers, coaches, clients, co- workers, or audience members.

“You look really sexy in that costume, are you seeing anyone?”
“You should show me how flexible you are later...”
“We should grab a drink after work and talk about other opportunities.” Or any number of other escalating sexual advances or comments.

A few of my favorite responses:

“I don’t see how that is relevant to the job?”
“That is not an appropriate way to speak with a professional.”
“I do not care to engage in this conversation, it is inappropriate.”
“Do not speak to me like that.”
“That is not an appropriate topic.”
“I do not speak about my private life.”
And my personal favorite...”Fuck off, you fucking scumbag creep.”
Or any combination of my notoriously creative and crass language skills.

Dealers choice, those are your boundaries to set.

Unfortunately, this doesn’t always work and there is no shame in not feeling confident to speak up, we’ve all been there. Do what’s right for you. We work in an over sexualized industry, it becomes hard to navigate when people only see your value as a physical commodity. I’m at a place now in my life where I don’t care anymore how many creeps’ feelings I hurt or the work that I lose because of it, thats not the work I want anyway and if that’s why I was hired then fuck you too.

Next Step...Plan your own logistics and travel. This means knowing and embracing your boundaries, for me this means having a prepared contract with specifics stating your rates and that they include travel and logistics and you will be in charge of your own accommodations. I grew up and currently live in a place where ride sharing is spotty at best and can not be counted on for transportation. Cabs either, I think we have 5 total in town, and they aren’t just right around the corner like in a city. It's below zero in the winter and 10 mins in any direction and you are in dark dense woods. There are still many places in the United States, not to mention worldwide where cell phones do not get reception and can not be counted on in an emergency.

Add the cost of your lodging and transportation into your price so that you can control your surrounding as best as possible. Even if it's an Air b&b or other sharing accommodations, ask as many questions as you need or want, for example:

Where is the event? How will I get there and home? Who else is there? Are you alone with strangers? Who else knows where you are? Where am I changing? Who else will have access to that area? Is that a private area? Do you have enough money for an emergency exit if necessary? Do you have a buddy that can come with for security?

Reach out to friends and peers who have worked for this employer before or with the people you will be in close quarters with. Ask for advice and express concerns, and for fuck sake listen! No one wants to believe the terrible things, but it doesn’t make them untrue and thinking it just won’t happen to you is naive and unsafe. Also, just because that wasn’t your experience with an individual, if someone does report something assult-y to you listen, and do not down play the seriousness of their experience. Like the supreme court said about pornography, “you know it when you see it.” Sexual assault, harassment and gender based violence is the same in my opinion, I know it because I’ve seen it, heard it and experienced it.

With love and many knives,

Carey

Part 1: Sexual Assult & Gender Based Violence

The Monsters Among Us

There are monsters among us. I can’t begin to describe the sadness that it brings me to even have to write this, but yet here we are. No industry is safe from sexual and gender based violence I’m sorry to say. One in 3 women, and 1 in 5 men experience sexual assault in their lifetime.

However, I will not be participating in call out or cancel culture. I will also not claim to be without fault, I have behaved in ways in my own past that I feel deep shame and guilty about but never to the degree I am referring to in this essay. We have to do better. Individuals who behave in this way are only seeking power and control; assault is NOT about sex or sexuality. They will lie, gaslight, and groom everyone around them to only see the person they’d like you too. These individuals’ are only interested in getting their needs met and sustained; it's only ever about them.

First off… Its is ILLEGAL for any potential employer to inquire as to your sexual identity, preferences, gender or to make sexual comments to or about anyone in a professional setting. Furthermore, touching without consent is a CRIME.

It is not your fault, and you did not do anything wrong. I will say that the struggle to prove claims of sexual misconduct in a professional setting are at best difficult, and at worst a fucking joke. Concurrently, the justice systems is laughably inconsistent in the way victims of sexual and gender based crimes are treated, we know this from the thousands of untested or ruined rape kits all over the country. As money, power and wealth ascend, so does the lack of consequences and accountability in our society and throughout history. I am certainly not endorsing this, but this is where we are.

Your safety is #1, no exceptions. You wouldn’t perform on a clearly broken piece of equipment, or walk into a restaurant that was on fire, right? Even as an adult this is not a joke. I do not get into cars with people I’m not super familiar with, I don’t stay at peoples homes unless it’s family or close personal friends of my own choosing. Always have an escape plan. I know this sounds paranoid and scary, but I’m only trying to prevent further harm, and I sincerely hope that you never have to use these types of precautions but that you do not take them lightly.

If you are the parent of a child or adolescent performer/athlete…never leave them alone. Period. If you can not accompany them somewhere, a chaperone chosen by the family with no personal or professional connection to the sport or event is the best way to protect the interests and well-being of the child.

If you do not feel comfortable calling or talking to anyone about this type of situation, please reach out to me. I can’t say that I have answers but I will listen. We all need allies, and to stop and listen to each other. I look forward to a day soon when I can stop packing knives, constantly carrying an assortment on my person and having them in all my vehicles. I give them as gifts to my adult friends and Zebra brand pens (there made out of stainless steel, shaft doesn’t break if you need to stab someone) to my adolescent friends to protect themselves. Be safe, be smart, help others.

With love and many knives,

Carey

Coming Soon….

Part 2-Protect Ya Neck: Steps to protect yourself

Student's Bill of Rights

As an educator, a student becoming injured is my worst nightmare. Statistically, it will happen given enough time teaching but I am committed to doing everything in my power to prevent it and have a plan in place for when/if it does. I have been injured myself during manual stretching very early in my training and mostly because I didn’t feel comfortable enough to voice my concerns and say stop when it was too much. This is not to say it was malicious and I hold no hard feelings but this is all too common.

I am writing this to address mainly recreational students that have chosen to take classes regularly and more specifically, extreme flexibility training as a part of Aerial/Circus Arts. However, this applies to almost every sport/training environment where risk is an inherent part of the activity.

Never put your hands on anyone without expressed consent and foreknowledge. This is just a blanket statement. Owners, operators, students, teachers, everyone. For my lessons, this means an intro conversation with every new student or class where I explain about my teaching style, how the lesson/class will progress, and how/where I could be in physical contact with the participant and their right to say stop at any time.

Below are some definitions so we’re all on the same page before I climb on my soapbox...

Extreme Flexibility (aka ​contortion​) training requires the body to be in extreme-ly physical condition (aka ​conditioning​).

Conditioning​ is exercise until exhaustion; typically at the end of a workout. A good conditioning regime should be focused on your body and training goals. But ​any​ is better than none.

Pain vs. Discomfort​: Pain is bad, discomfort is acceptable. Do you know the difference, has your teacher/instructor/coach discussed the difference?

Yoga is great but the practice of yoga is fundamentally different than Extreme Flexibility/Contortion Training (​EFCT​). These two practices should not be confused for one another or intermixed. Great training should include the engagement of the entire kinetic chain and an understanding of why that is essential.

Students’ Bill of Rights:

  1. You have the right to say NO/STOP at any time.​ The instructor/teacher/coach needs to listen and respect your wishes as quickly and safely as possible. It may take a moment to release and step away safely but it should be honored and acknowledged as soon as the student asks.

  2. You have the right to a safe environment. ​I believe this to mean physically (rigging, mats), mentally (free from bullying, competition), emotionally (creative, inclusive, supportive). Safety should never be a secret, and a process for handling concerns needs to be in place and familiar to everyone. Every participant, teacher, employee, and contractor has an equal right to a safe environment in which to thrive.

3. You have the right to a Qualified Instructor.​ This can encompass a combination of training, education, and experience.

  1. A ​qualified person​ is defined by OSHA as one who, “by the possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.” -https://www.shrm.org/resourcesandtools/hr-topics/risk-management/page s/osha-competent-qualified.aspx

  2. Circus/Aerial is an ​Art​ , not a ​Sport;​ there is no regulatory body therefore no teaching requirements or minimum standards.

  3. Teaching style is not the same as qualifications, each individual will teach slightly differently but many should have the same fundamentals.

4. You have the right to ask questions and get answers.​ Be your own (or child's) advocate. Do research about the facility and instructors. If you ask about the state requirements to run a children’s program, be aware that each state has different laws and regulations, ask direct and relevant questions. Can you see a business license? What type of insurance do they carry? Is there a rescue/emergency plan? If the facility/instructor works with children does everyone have a background check on file? If the instructor/teacher/coach doesn’t have the answers, they need to provide someone who does or find out it in a timely manner and follow up.

Conversely, this does not mean talking over anyone, being dismissive or disrespectful in any way. Addressing areas of concern is great, being rude is not.

Lawful Business Practices in a Collapsing Economy

Recessions and depressions have historically caused a shift in dynamics between employers and workers. Milton Friedman, Nobel winning economist and one of the most influential economic minds of the twentieth century said “ Only a crisis-actual or perceived-produces real change. When the crisis occurs, the actions that are taken depend on the ideas that are laying around.”  This can be positive change (workers’ rights/unions, equitable pay and working conditions) or negative changes (gig economy/labor law violations/removal of pensions and benefits). 

A recent Forbes** article caught my eye because it’s applicable to me personally as well as millions of Americans:

  • More than 1 in 4 workers do not set aside any savings each month. 

  • Nearly 3 in 4 workers say they are in debt - and more than half think they always will be. 

  • More than half of minimum wage workers say they have to work more than one job to make ends meet. 

  • 28% of workers making $50,000-$99,999 usually or always live paycheck to paycheck and 70% are in debt.

  • The survey also found that 32% of the nearly 3,500 full-time workers surveyed use a budget and only 56% save $100 or less a month.

The number one paradigm confronted in business consulting:

“I want to pay my employees but I can't afford it, so I asked them to work for free to help keep the business afloat. That way we'll all have jobs still, something something, the greater good."

Answer: 

More likely than not your employees have already volunteered their time….a lot; and probably family members, friends, and parents. That's what business loans are for, specifically the PPE. If we continue to devalue our labor force it will not recover. Your business plan and budget should include 3-5 years of operating costs, including wages. That’s why a business plan and budgets are crucial to long term success and should be re-evaluated and updated regularly to reflect an ever-changing economic environment. Free markets are a bitch, but that’s capitalism. 

Furthermore, I would like to state that putting the success or failure of your business on employees, who do not share in the profits, is emotionally manipulative and not appropriate. If you want or need that arrangement, then pony up and make them an investor!

I am both an employee and an employer so I’d like to think I see both sides of the argument, it is as complex as people. These labor law abuses are not new or caused by the pandemic, it just happens to be the excuse used right now. Know your rights, advocate for yourself and those around you. Reference material and contact information for the US Labor department is included below.    

So just a reminder to other owners/operators to not reach for the low hanging fruit so to speak:

  • No one customer can make or break your business if they can...you're already in trouble. 

  • No one employee can make or break your business. 

  • It's a business, no one but the owner(s) is personally invested nor should they be. 

  • Stop seeing actions as either a personal favor or a personal slight.  It's only personal to you, it's a job to everyone else. 

  • Asking people to work for free or donate their time is illegal*.

  • Everyone has the right to a living wage and equal treatment. 

  • Standing up for yourself and your rights is not easy, you owe your employees the respect and honor of being heard. 

This is just the bare minimum of legal behavior, human decency, and professional respect.  We all have the chance to do better. For me, that means taking a break from my beloved profession because I cannot provide the type of coaching aligned with my pedagogy. See the bigger picture, get over yourself, invest in people, not things. 


Reference Material

** https://www.forbes.com/sites/zackfriedman/2019/01/11/live-paycheck-to-paycheck-government-shutdown/#5720d99c4f10

 * https://www.dol.gov/agencies/whd/flsa/misclassification

Independent Contractors and Small Business Owners

www.bankrate.com/finance/taxes/tax-breaks-turn-hobby-into-business.aspx

www.inc.com/articles/2003/11/taxdeduct.html

www.irs.gov/businesses/small-businesses-self-employed/recommended-reading-for-small-businesses

Fair Wage and Standards Act-US Department of Labor 

https://www.dol.gov/whd/flsa/

https://webapps.dol.gov/elaws/whd/flsa/docs/contractors.asp

Misclassification of Employees as Independent Contractors-US Department of Labor 

https://www.irs.gov/pub/irs-pdf/p1779.pdf

https://www.dol.gov/whd/workers/Misclassification/index.htm 

https://www.dol.gov/whd/workers/Misclassification/myths-main.htm

Taxes!

Ahhh that glorious time of the year, tax time...I know it seems scary and confusing but hopefully I can easy some of that fear and trepidation.  Since the expansion of the Circus/Aerial Arts as well as other performance arts, it has come to my attention that many are unfamiliar with how to do their taxes or the reality of their tax liability.  I am not, I repeat NOT an accountant or an attorney, just an Entrepreneur/Circus Arts Instructor that does the same taxes you do every year.

This is not meant to be scary or dissuade anyone, however there are implication that can affect other people.  I reached out to a friend/Entrepreneur Gary Hartwell who made a few really great points about doing his business taxes as a small business owner and contractor from another industry.

 “Only claim a loss for two years before red flags are raised at IRS. The more detailed your records the easier it is for a tax pro to sort it all out. When in doubt, a good CPA is priceless. Freelance accountants are easy to find, but it's difficult to find a good one; a small business attorney can usually recommend a good one. Always err on the side of caution, go to a licensed professional. Dealing with the IRS is not fun and fraud is a felony.. If Uncle Sam thinks he's owed something, he'll get it. “

 **This is research based information from multiple sources, see links at the end of the article for more information.

What-W2, 1099 or both?

Why-It’s the law..but how much do I really need to make?

Where-Federal and/or States

How-Accountant or Software?

When-When to file and When to expect your forms.


What: Independent Contractors/1099 vs. Employee/W2

  • Employees-W2 annually from each employer.

  • Independent Contractors- 1099 from each job with earnings greater than $400.00.

Which one are you?

There are several characteristics that define what an Employee is versus what an Independent contractor is, this is according to the US Labor Department and the US Supreme Court:

  1. Is the work an integral part of the employer’s business?

  2. Does the worker’s managerial skill affect his or her opportunity for profit and loss?

  3. Relative investments of the worker and the employer

  4. The worker’s skill and initiative

  5. The permanency of the worker’s relationship with the employer

  6. Employer control of employment relationship


Why:

  • If a single entity pays you $400.00 or more you will receive a 1099.  If you do not receive a 1099, YOU are still on the hook for that money.

  • Contact any entity that you have done work for in the last year to get a 1099/W2.  If they do not provide one, you have options:

    • Contact the IRS (see below**)

    • Claim amount the next fiscal cycle (only if you pay taxes quarterly)

Form 1040 and Schedule SE (Form 1040), Self-Employment Tax, if:

  • Your net earnings from self-employment were $400 or more.

  • Self-employment can include work in addition to your regular full-time business activities, such as certain part-time work you do at home or in addition to your regular job. Even if you are an Employee at one place and an Independent Contractor at another you are still considered ‘self-employed’  and need to file the form.


Where: Federal and/or State Taxes

  • Everyone must file Federal Income taxes. There are exceptions, check with the IRS.

  • File in every State you worked/earned money.

    • Not all states have income taxes, I live in Florida which does not.  

    • Example: If I earn more than $400 doing workshops in another state,  I must file state income tax for that State even though I live and work in Florida most of the year.      


When:

IRS.gov says “The 4th month after your fiscal year ends, day 15 or if your due date falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day. Your return is considered filed on time if the envelope is properly addressed, postmarked, and deposited in the mail by the due date”  

This usually means April 15, sometimes it’s later but the 15th is a good rule of thumb.

Quarterly taxes are due every three months (quarters). I highly recommend this option for artist and high income performers.  It keeps you from owing a lot of money at the end of the year, but it is up to you of course. 

The fault is always yours when it comes to taxes.

**Employers are required to provide or send Form W-2 to you no later than January 31, 2018. If it is mailed, you should allow adequate time to receive it before contacting your employer. If you still don't get the form by February 15, the IRS can help you by requesting the form from your employer. 

Claim income without a 1099 in the Additional Income section of your taxes.  


How: The Actual Filing of the Taxes

  • TurboTax Self-Employed works just fine for me and will for most of you. Accounting software makes it that much easier as well.

  • Accounting Software: I use Quickbooks Self-Employed.  It prepares forms such as net profit/loss as well as calculates your taxes based on the accurate input of your accounts (receivables/expenses), bank accounts, credit cards, and investments.

  • Accountant-Get One... if you are at all unsure or can afford it!

  • Annually or Quarterly- If you are an Independent Contractor that makes ok money, think about paying quarterly to avoid owing a big chunk all at once.  If you are a small start-up with more expenses than profits, annually may be the better option. Both the accounting software and the human will tell/show you which option is best for you at this time.  You have to click/ask though, and your situation may change so keep checking in on it.

  • Don’t procrastinate, it only gets worse and you’ll owe more money!

  • When in Doubt, contact the IRS: www.IRS.gov

 

Reference Material and Additional Information

Independent Contractors and Small Business Owners

www.bankrate.com/finance/taxes/tax-breaks-turn-hobby-into-business.aspx

www.inc.com/articles/2003/11/taxdeduct.html

www.irs.gov/businesses/small-businesses-self-employed/recommended-reading-for-small-businesses

Fair Wage and Standards Act-US Department of Labor

https://www.dol.gov/whd/flsa/

https://webapps.dol.gov/elaws/whd/flsa/docs/contractors.asp

Misclassification of Employees as Independent Contractors-US Department of Labor

https://www.irs.gov/pub/irs-pdf/p1779.pdf

https://www.dol.gov/whd/workers/Misclassification/index.htm

https://www.dol.gov/whd/workers/Misclassification/myths-main.htm