If I work at a hair and nail salon and the owner has us working as employees and subcontractors, what are my rights?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I work at a hair and nail salon and the owner has us working as employees and subcontractors, what are my rights?

Subcontractors for the credit card machine. My clients pay me directly then I pay her (the agreed upon portion) at the end of the week. This I assume is done so she avoids certain fees and taxes for employees. However, she provides me with all materials I need. I just want to know what rights I have. In regards to the times I work or if I didn’t want to share my space with other stylists.

Asked on April 14, 2015 under Employment Labor Law

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If she provides you all the materials you need and excercises any supervisor or control over how or when you work, then you may be an employee, not a contractor: if you are an employee, then you would have certain rights, such as to have her pay your share of social security withholding, to overtime in some situations, possibly for benefits. However, whether you are an employee or not is a very fact intensive or specific  discussion: it depends on the degree of control she has, the extent to which you market or advertise your own services or fall under her marketing/advertisement, who generates customers or has the customer list, how many supplies/equipment/costs she pays for vs. you, etc. You are advised to consult with an employment law attorney in regards to your situation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption