Is this business owner taking advantage of me?

I work out of a tanning salon and spa.  It was my first job after school and licensure.  I am starting to feel like I may have been taken advantage of due to ignorance because I am a newbie.  It is a 50/50 split commission.  I am required to provide all of my products and things.  They provide me with a room and machines.  When I filed taxes they gave me a 1099 MISC.  They take no taxes from my check.  They try to give me rules such as how my makeup and hair should look etc.  I have filled out no paperwork or an application with this company.  I do not have a key.  I am confused and need advice from someone that is a little more seasoned.

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Permalink Reply by Nondy Llewellyn on April 5, 2011 at 7:45pm

Awwww Thanks Mary!  I'd so love to do a trade with you!!!

I'm getting a real facial on Thursday, and I can't wait!!!

 

--N--

Permalink Reply by Jodi on April 5, 2011 at 7:53pm
I would love that kind of flexibility.  Since I can't do 'booth rental' in PA, I'm not sure I can find something like that. 
Permalink Reply by Ray Duenez on April 12, 2011 at 6:07pm

Hi Amy, you mentioned that you only get paid directly by the client, correct?  Then what was the 1099 which you received for?  How is the 50% to the establishment paid?  Are their any credit card transaction ran through the establishment?  BTW, salon owners do not have to give keys to IO's if they don't want to.  It is not a legal issue.  You should be given a key to a private room in the establishment you rent from however!  Sounds like you need to move on however! 

 

Ray Duenez

L.E.

Salon/Spa Owner

Permalink Reply by Amy Jarrell on April 12, 2011 at 9:40pm

I should say that I only get paid if a client gets a service.  All of the money whether they pay cash, check, or a credit card goes through the establishment.  They keep 50% and once a week I receive a check for my 50%.  I do not not make any many at all if there are no clients.  The 1099 was given  to me for all the money I made since September when I started there.  When I receive a paycheck it is a personal check with no taxes or check stub.    I do not have a key to the establishment or room.  They let the massage therapists use my room to massage in to prevent having to heat the both massage rooms (there are 2 one in the building one outside).

Permalink Reply by Juli Rose on April 19, 2013 at 2:21pm

I had this situation and the woman said she would provide all the products, but I found she never replaced anything. I ended up getting my own and not only that I had to beg her to pay me! I know this post is pretty old, but I curious to know how it turned out??

Permalink Reply by Amy Jarrell on June 6, 2013 at 12:21am

I ended up quitting.  It was a never ending battle.  I am not working in the industry any longer. I feel like I wasted time and money trying to do this.

Permalink Reply by Samantha Maline on June 6, 2013 at 2:06pm
What a bummer man.
Permalink Reply by Amy Jarrell on June 6, 2013 at 4:35pm

It is a bummer. I love the field, but just could not seem to find success.  I am looking in the field a little again.  I do not know.

Permalink Reply by Relax & Rejuvenate on June 6, 2013 at 2:20pm

there is a LOT of mis-information out there about IC and Employees and what goes with what. Unfortunately, most of the advice you find online is only marginally helpful.

The whole notion of being a "contractor" comes from the construction trades, and the case law governing employees vs. contractors is 90%+ based on precedents from those industries, with another 9% coming from independent trucking. So the idea of what one spa does vs another is an infinitesimal fraction of what drives the rules

having spent way too much money on lawyers crafting IC agreements in some of the most anti-business states in the US, and having had these agreements hold up with labor boards, I have learned that 95%+ of businesses in the salon/spa/beauty industry don't follow the regulations for their state.

I have also learned, be careful what you wish for in pointing fingers at any establishment until you know the full story.

As an IC you

  • Can be told what to wear (guidelines) and be required to wear some sort of logo or uniform (all those DirecTV installers nationwide come to your home in DTV approved attire, and the magnet on their car door, but NONE are employees, all perfectly legal) and to look "professional" within industry standards -- which basically means what the establishment dictates what that means
  • Can't be provided ANY equipment, tools, supplies or products.  This includes the treatment table. If you want the establishment to follow the law -- YOU have to lug your treatment table into the spa for every service you do.  This is why many spas have a "product charge" -- they are selling you the products on a service-sized portion, so they are YOUR products, not theirs. anything provided to you needs to be charged back to you as a "rental" or "use fee" or product charge.   The reality is, your 50% commissioin is really more like 70%, but the establishment figures 20% of expenses -- but all of this should be laid out in excruciating detail, including on your payment
  • Can't be insulated from financial risk to your business -- meaning you can stand around all day and make zero money, cannot be paid for no shows or cancellation. You roll the dice every day you work as an independent contractor as to whether or not you make or lose money on every "job" (appointment in the spa world) you undertake. If a client is an hour late, a contractor has to stay the 2nd hour and finish the job -- you were contracted to provide a such and such facial to Ms. Jones.  If that takes you all day, that is too bad.
  • Can't be told what hours to work or be required to be on-site other than appointment times.
  • Can turn down any appointment offered to you.
  • Can't be required to perform any tasks other than those associated with the contracted service. You can be required to mop/sweep the room after you finish, take out YOUR trash, wipe down the counters after each appt etc. But you can't be required to answer phones
  • Can be required to use a certain brand of products.  If you are contracted to provide a Pevonia Anti-Aging Facial Supreme, there is only one brand you can use to achieve this. Just like you can tell your contractor to build your deck with TREX instead of with 2x4s.
  • Can work without a contract enumerating the above and much more.  But both parties would be foolish to do so.
  • Can't have your time/services/earnings tracked by the business. The business is your client, you need to send them a bill for your time, with any supporting documentation required/requested.
Permalink Reply by Amy Jarrell on June 6, 2013 at 4:35pm

Great information!

 

Permalink Reply by Laura on July 3, 2013 at 11:01pm

Don't give up Amy.  Take this as a stepping stone and move on. My first experience was similar and I was also discouraged, I gave up and got a day job.  Soon I found myself back in the game and giving it another shoot.  After coming back and saving up....I may soon have a place of my own.  Don't give up on your dreams girl. 

Permalink Reply by Amy Jarrell on July 4, 2013 at 12:24am

Thank you for the encouragement Laura.  I recently became laid off my day job.  I have been looking at pretty much any kind of job.  I did interview for an aesthetics job that paid hourly, but did not get hired.  For now I am just trying to stay positive and it will all fall into place.

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