Am I an Emloyee or indeendent contractor.
Question Details: I make up my own hours, but the salon does like me to stick with them, I get paid comm. 50% but they take 5% to cover suplies , I do supply all my tools. and I can take off whenever I want. They pay me with no taxes taken out.
Employment and Labor Law Answers
The more the employer "controls" your work schedule and processes, the greater the likelihood you are an employee. Many salons rent chairs to independent stylists - this sounds like your situation.
If the employer is not taking out taxes then you should not be receiving a W2 Form. If your employer does nothing more than provide the work space and take 5% for supplies, the situation you describe is an independent contractor arrangement. If the employer issues you a Form 1099 for tax purposes, you are an independent contractor.
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