State Board Rules for Salon/Spa Owners
I was wondering if each state board has a list of what rules owners can impose on renters and/or employees? We've seen a few posts here with people having issues and I thought it might be a good discussion to help those folks out.
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Replies to This Discussion
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Permalink Reply by Deborah Kenney on
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TX rules/reg book doesn't have a lot of info-(they ask you to write with anything not covered). Other than that it's more related to (renters must each have in room) having a R/R book , clean wax pots, license w/picture, booth rental license, reuseable items disinfected and stored properly. As a renter I don’t really have much of any rules to follow. No obnoxious noise like pounding hammers during normal business. I come and go as I want. I do the specials I want, I set my prices. they ask you not to put anything more than a CC sign on your window, but they pretty much don't say anything if you add some thing small like a sign of specials.
I spent a couple of summers as seasonal help at a Hyatt Resort spa, MT only at that time but full time providers were expected to reach certain monthly goals, if you didn’t meet them-you could be terminated. Had to be on the floor 30 minutes before shift started. Expected to fold linen during down time, pd hourly something like 2.35 and 50 min. mas or fac you were pd $25. each. Lib. Insurance and proof of CE’s in certain modalities, uniforms were provided and cleaned.
I worked at a salon for commission and a few months into it-I took another job and when owner heard, she blew her stack over the phone & gave me a choice. Since I didn’t want to lose it, I said I’d think it over and see her the next day-I did and moved out!
I’m thinking owners can make any rules/reg-follow them or there’s the door kind of thing!
I can run a “deal” or sell gift certificates and I know certain people who did, then moved out and the owners weren’t too happy because they got the calls from unhappy clients, but they can’t stop you legally (maybe they could if it was in the contract), when you rent “you are considered the owner” of your stuff.
Anything labor related I would think the state/federal labor board would be the agency.
I do believe a lot of new esties are being taken advantage of.
Sorry, but I can not be too concise and tend to ramble!
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Permalink Reply by Nicole Clark on
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Deborah - What is a R/R book?
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sorry, state cosmetology rules and regulations
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Permalink Reply by Jodi on
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Good information thanks! I'm lucky now, I'm an employee and feel I'm treated well. Someday I want to own my own spa and just wondered what I could or couldn't do. I'm in PA. I will have to check out their book and see what they say. I've signed non-compete contracts where they stated I couldn't work anywhere within a 5 or 10 mile radius for 3 months. Also, a previous employer took action against someone who alerted 'her' clients to where she was. I just can't imagine these things being legally binding. Luckily, I contacted some clients from my previous job who love where I'm at now and nothing was pursued against me.
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I really wasn't even thinking earlier about the stuff you just mentioned. Ya, I signed a non-compete (2 yr) w/out being aware. I didn't take the time to read it! I may have signed it anyway but that is not recommended by anyone. I had asked to take it home so I could read and absorb all the info but they wouldn't let me. Many pages of little bitty writing, I think they hope you'll just skip thru it. I spoke to the manager afterward and said I worked from my home as well and I didn't want that to be an issue, she said it wouldn't. It was meant more for those that left and took several others with them and rented a place! I didn't get anything in writing and she's long gone, I've been there 6 years. I do know a couple of gals who rented in the same salon and moved less than a mile-but they may have changed the contract by then. I'll have to run by and ask them. It's very expensive to sue, a royal pain and really I don't think most owners would, but they'd have the right to. As far as taking clients with you, personally in these types of services many people don't like to change to others and want to continue wth you. but, when you are an employee the client is really not yours, however, when asked I would give them my bus. card, but I never solicited their business. A friend was told she couldn't take the clients with her, but in a rental situation, I doubt they could legally do anything. With all the internet possibilities I see no reason why you can't set up a business page/s, websites etc. but on here I've seen ones not allowed to. I'll look at my contract tomorrow or Wed and see if there might be anything of interest for you
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Thanks! These are the things I wanted to know if others have experienced. I never did hear the outcome of the girl (it was a hairstylist) that my previous employer said the were taking action against. They may have been just trying to scare the rest of us, who knows. I mean, you can't contol where clients go, so I can't see how they could sue her.
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Permalink Reply by Faith Redd-Walker on
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There's a salon here that sues its stylists who leave if they take the clients gained from that salon with them. I believe it's in their contract so thats why I would not sign such an agreement. I think it has to be after a year. I think they actually hire spies to check up on the people who have left.
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Maybe they barter, all costs! Faith is that a salon w/employees or rental booths?
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Permalink Reply by Teri Kotantoulas on
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State Boards wouldn't have any applicable rules on how a salon/spa can run their business in this regard - it's more to do with labor laws. If your State has "right to work" laws, then any non-compete that you may have signed would not hold up in court. This kind of situation would also not be enforceable if the therapist is renting. The bottom line is that no one can "own" a client, only their contact information. A client is free to choose with whom and where they do business. Owners simply don't understand that concept because they are looking at the $$ bottom line. If you're an employee who signed a non-compete contract, then you morally shouldn't solicit any client contact information. However if you let clients know that you may be leaving a particular business in the future, then that client is free to ask you for your contact information or search for you after you're gone.
If an employer ever refused to allow a potential employee to take home a contract to review prior to signing it, that is a definite red flag. Every person has the legal right to know and fully understand what they are signing, before they sign it. If that means you need time to read a contract at your leisure, or even have an attorney look at it for you, then you should have that opportunity. If you are not granted that opportunity, you should think twice about signing it.
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Thanks for all the great info. everyone can benefit from your knowledge. I don't plan on moving at this point, but you never know-most likely I'll be heading to the house, I'm just not ready to retire yet.
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