Legal Question in Landlord & Tenant Law in California

Booth renter treated like Employee

I have been renting a both at this salon for 8+yrs. Recently the salon owner has threatened that if we are not willing to keep Her shop open from 10am to 4pm without closing on Monday- so if your by yourself no lunch break or if we have no clients we are still expected to be there. She has now closed Mondays taking away income from me because i am not willing to guarantee that i will be there the hours she wants when I have no clients at those times. Is this legal?


Asked on 6/24/09, 7:41 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Booth renter treated like Employee

Your subject line kind of hits the nail on the head. You are supposed to be an independent contractor, and as such, the salon owner is not supposed to dictate hours that you work, nor any other terms of your work in her salon, except reasonable restrictions. That being said, there is a lot of wisdom to Attorney Gorski's answer - getting into a big contest over this doesn't make a lot of sense, unless you want to move. Try to negotiate something reasonable, and if not, its time to move on. If your city is like most, there is a lot of salon space available.

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Answered on 6/25/09, 12:54 pm
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Booth renter treated like Employee

It depends on various things. First look at your written agreement. If you do not have a written agreement, your rights may be limited. If the written agreement does not address this in any way, perhaps there are provisions which might serve to justify your position anyway. Either way, there may be a way to compromise and avoid all the fuss.

Shops often close over the noon hour or for breaks when no one can remain present (they often put up those "clock signs" that say "We will be returning at:" above a clock picture with adjustable hands on it to show approximate time of return). Do not lock horns on this too quickly -- the owner seems to have some concerns that a reasonable comprise may address. Has the shop been left open accidentally when no one is there? Vandalism or theft concerns? Try to both listen to the owner's concerns and clearly state your concerns and propose various alternatives that address both sides.

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Answered on 6/24/09, 8:01 pm


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