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 5 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.


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