Would you be an independent contractor if you went to work in a businesssalon, did your clients, and got a commission on 60% and the owner takes 40%?

Owner supplies the chair some products. Doesn’t pay any taxes on me. I would be required to do a

1099 pay my own taxes out of the 60 that I earn? I looked up the law but seems kind of grey to me,

just want to make sure I’m not going somewhere that’s not doing things on the up and up.

Asked on April 1, 2017 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The issue is control: how much control does the owner exercise over you? If you have your own clients, decide what hours to keep and when to see each client, and are "managed" by the owner as to how you are doing your job, then you are independent contractor. On the other hand, if the owner sets your schedule and hours, tells you who to see, and tells you how to style and generally do your job, then you are an employee.


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