Anonymous
Anonymous asked in Business & FinancePersonal Finance · 1 month ago

Have I been misclassafied as an indepent contractor?

I work in a salon and don't get paid unless someone comes in.  I get 55% commission.  I was told I was an indepedent contractor for this reason. This business has about a dozen "indepent contractors"  However, we were hired to work set hours and have to sit there all day if no one is on the book.  We use and buy our own tools but there are things such as tonics, towels, and other supplies the owner supplies.    Leaving early isn't an option and we seriously get cursed at over group text and told that we don't care about the owner's shop.  We get compared to doctors who don't have patients....would you want to leave just because no patients come in???  Well, no beause we'd be salaried.  If we have an emergency we are required to find coverage for our shift.  Also, the owner encourages us to buy our supplies from her supplier where she docks our checks and retains our reciept for write off's at the end of the year for her business expenses.    Sommetimes we are paid cash and other times we are paid with a personal DBA check .  I beleive the business owner is acting as an employer and we are treated as employees without certain protetions and insurances being paid that aren't covered under the independent contrator umbrella.  Any thoughts are welcome

Update:

....I have checked the IRS and local dept of labor page (prior to askikng) and still feel this is a legitimate question.  Landscapers have more clear cut answers. However, I find myself looking at the indepent contractor/employee lists and I see half of my status listed on one and the other half on the other. I can't be both

5 Answers

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  • 1 month ago

    The fact that you are working for someone who is too cheap to list you as an employee is the problem. 

  • Anonymous
    1 month ago

    I work in Maryland .  I do not own any client info.  They are client's of the shop.  If I quit I would lose access immediately to any records and denied access to the app where client data is stored. If I wrote that information down prior to quitting, that would be considered theft. I am not to market myself unless I am handing compamy business cards out with my hours written on them.  Work is monitored as in a normal salon. Another thing I didn't add is advertising fees are split among everyone as some unwritten rule, newspaper and radio ads, that is.  Im truly just curious.  No one is forcing me to work.  However, I do have bills to pay just like everyone else. Im just starting to feel that the owner isn't exactly a follower of rules and those rules don't seem as defined as I thought they woud have been when first started searching for answers. 

  • 1 month ago

    Doctors are usually paid based on the procedures they perform, not a set wage.

    What state are you in?  In California, unless you are renting a booth, you are likely an employee.  This is not the same in all states.The work - is anyone monitoring the work you do?  Or someone comes in for a haircut, color, other treatment and you are able to do it exactly like you want to without someone caring exactly how- if the latter that makes you an IC. 

    Are you able to keep your client information?  Or is that "owned" by the salon and if you were to move to another salon, you can't take it with you?

    - if you own the clients (or share the clients), that makes you an IC.

    Are you able to market yourself independently?  (not do you, can you?)

    - If so, that makes you an IC.

    An IC can have set hours.  Most ICs work according to their client's schedule to some degree.  A website developer can say, I want all client meetings at 1:30am because that's when I am at my best game.  Most people will say no thank you and move on.

    -  If you didn't want set hours, go work somewhere else.  No one forced you to accept this.

    What kind of business owner whats IC, employees, accountants, plumbers or anyone else they pay not supporting their efforts?

    It doesn't matter how you are paid.  A business can pay you cash, business check, personal check, whatever. 

    "the owner encourages us to buy our supplies from her supplier where she docks our checks and retains our reciept for write off's at the end of the year for her business expenses."

    - the business can encourage that... that fact that you are buying your own supplies leans more to being an IC.  You can get your own receipts.  If she doesn't give them to you, you get them from the company directly. 

    - you don't need to buy all of your own supplies, she is simply going to say that she provides towels, etc as a courtesy.In response to the additional comments:

    - if you do not own your clients (or at least share them), you are an employee.

    - if you CAN'T market yourself separate from the shop, (not should or don't), then you are an employee.

    That said. You knew what you were going into.  No one hid if from you.  You signed the IC papers willingly.  If you don't like it, leave and get a job or booth rental some place that is better than this.

    However, you aren't a little naive minimum wage worker.  You know your industry and you know the differences of different pay types.  If you plan on submitting an SS-8 and saying "do over", that shows lack of ethics on your part. 

    - take some personal responsibility for your own actions. 

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  • Rick
    Lv 7
    1 month ago

    there are a list of questions on the IRS website to help you answer that question ...........

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