Legal Question in Employment Law in California

I am a hair stylist who is considered an independent contractor. The salon does not pay any taxes or workers comp etc. on me. I do not rent my chair - I am paid on a commission basis only. I receive 50% of income for services rendered, minus service charges for products used. I supply all of my own tools. Is it legal for the salon owner to require that I am at work 8 hours per day even if I have no scheduled clients?

Asked on 6/17/10, 8:44 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I do not think you are an independent contractor. Your employer wants to govern the number of hours you work, you do not pay rent rather she collects the money and then gives you a % portion. If you are an employee, she can require what hours you must work. But she must then cover you with WC, deduct taxes, etc. She can not have it both ways.

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Answered on 6/18/10, 12:33 am

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I agree with Mr. Shers. Independent contractors can come and go as they please, as they work for themselves. They typically rent space from the salon owner. The salon owner cannot control how and when you work. You should be paid for your time there and not have expenses taken from your commissions if you are an employee.

The California Employment Development Dept. (EDD) is responsible for making sure employers take proper withholding taxes and the Cal. Labor Commissioner will require you be paid correctly and they cover you with workers comp insurance. You can complain to them, if the salon owner does not correct the problem.

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Answered on 6/18/10, 8:35 am

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