Am I an Emloyee or indeendent contractor.

UPDATED: May 11, 2009

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Am I an Emloyee or indeendent contractor.

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.

Asked on May 11, 2009 under Employment Labor Law, Florida


LAR, Member CA State Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

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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