If I am classified as a salon subcontractor, should I have to do owners jobs as well

Get Legal Help Today

 Secured with SHA-256 Encryption

If I am classified as a salon subcontractor, should I have to do owners jobs as well

I am working as a subcontractor in cosmetology and will be getting 1099 at the end of the tax year. This, as I understand, means I am self-employed, and being contracted to perform my work for her business. Should I be expected to come in half an hour early to open the shop every morning, take care of her front desk answering and returning messages all day, and clean up her tools and stations after every one of her clients? Doesn’t this mean I am her employee and I should be making an hourly wage and she needs to be giving me a W2? As of now I only make commission, and do not make up to minimum wage at the end of the pay week. I guess I’m really asking if this is fair or even legal.

Asked on September 30, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Based on what you write, it appears that you may be an employee, not a subcontractor, as you suspect. If you are working hours or at times set by the employer and she manages you to the extent of giving you a number of different discrete tasks and chores to do--tasks and chores unrelated to the core function for which you are allegedly a contractor--you seem to lack the necessary "independence" which is the hallmark of an independent contractor. Someone who functions as an employee is an employee, regardless of what the employer wants to call him  or her. You may be entitled to wages and/or benefits as an employee; it would be worth your while to contact the state department of labor to possible file a misclassification (i.e. incorrectly classified and paid as a contractor, when you are an employee) complaint.


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 with SHA-256 Encryption