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At my salon, the owner is trying to dictate my hours. Wants me to work a 12-7pm shift one night a week. I know this is to accomodate a client that the other nail tech doesn't want anymore. They are doing this on the premise of helping me build my business. I say this because the other nail tech and I had this convo last week. I told her I didn't want to work late nights but I could have her client come in on Saturdays. She said at that time, well I'll talk to the owner. I feel I am being pushed around since I am the newbie. Another hair stylist that I trust came over to me today and said I should be controlling my own books and if I pay a percentage, that is still considered rent. She said they can't dictate my hours even if I am new and don't have many clients as of yet. She said don't let them push you around. The salon owner did specify that she considers the percentage 'rent' also. The owner is very nice and really like it there but I feel that her loyalty is to the other nail tech that's been there for 16 yrs.
Should I stand my ground? My husband says yesSmile

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To be self employed and control your business, including hours you need to meet some requirements. Like paying rent, and some will argue that you can pay a % as rent, but according to the IRS it's a flat fee, and or a flat with with a % on top. The biggest one is paying your own taxes. You control the money and withhold your own taxes. You would also or should also be providing all you own tools, supplies, insurance, business line ( phone) books, brochures, advertising and so on. Everything it takes to run a business, except furniture which is often provided, but not always.
If your being paid a split, or commission, but they buy your supplies and withhold your taxes, and give you a w-2 your an employee and it doesn't matter if your paid a split. Commission employees need to work the hours agreed upon with the owner, and you will need to sit there, dust, clean, or whatever, when your not busy, if your not making at least minimum wage, with the commission total for hours at the salon, then your entitled legally to be paid non less than minimum wage and the owner would need to supplement your pay accordingly.
I pay the taxes on what I make. It's not a commission in the standard sense. I pay her every week 30% of what I make and I keep the rest. I pay for my own insurance, tools, products. We all share in the advertising costs. At the end of the year the owner said she would be giving me a 1099 which I believe is the form for independent contractor. I'm pretty sure the other nail tech has a few she would like to get off her books and what better way than to give them to the newbie under the guise of helping to build my business.

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Then in that case, you work your own hours and they really cannot force you or push you into anything. Be it that they hope to help, or just get their own way. It's as simple as saying "no". You need to be booking your clients too, if there is anyone answering a common phone and booking for you, then your helpless to the hours they put clients on the book. So if your not booking on your own you need to, that way they never get to see your schedule and if they want to know if you can take a client they can ask you, and you then decide.
Thanks for clarifying for me, it's appreciated. I have my business cards with the salon number and mine. When I hand them out from now on, I will tell them to call my cell to book appt. I suppose I could tell everyone in the salon if someone calls for me and I am not there, to please give my cell to them and not to book. Better take my book home with me then. The salon owner and I will sit down again next week. I want to be a team player but this is my business after all and I don't want to be a pushover even if I am new. I just wanted to know my rightsSmile Others in the salon work a late night but that's their decision to. There are 2 hairstylists that control their own bookings and those are the ones that have been talking to me about standing on my own and not get pushed around.

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Here is the best way to approach the booth rent position. You own your own business and while you don't pay rent on the building you do pay rent on the space. The salon owner or your landlord pays rent on the builing to run her business. So it's essentially the same. You need to run your businesses how it's best for you.
I rent, and the space is open to me at all times, but I work when I choose, and I also work part time because I need to. I work late every other Monday evening till 7 to accommodate a few very good clients who got new jobs, but the other 3 days I am there 10 am until I am done, that could be 1 or 5. No one can tell me I have to be there.
My schedule is always in my possesion. I wouldn't allow someone to book a client without my permission, because I need to stack my clients the best way possible. And they will just book a 9 and a 4 with nothing between and if I don't fill in better then I sit all day. I work 25 miles away so when I am there, I am stuck.
I put in my dues of sitting around hours and days but after 18 years, I have a fairly set booking and I refuse to sit on slow times like that.
For me the scheduling is all about control on my part. Haha.
If you start doing things now that you feel pushed into, you will end up resenting someone, or the shop, and it will be uncomfortable. So stick to what you need to do. Building is not easy. It's always better if your available as much as possible, but we work to live, usually, and not live to work, I have family, so I don't work saturdays. I spend it with my husband doing whatever we want. No amount of money would entice me to sacrifice memories and time, for work. Again, this is just me. I worked weekends and nights when I started, but I was also the employee.
I am proud of my business, even as part time as it is, and I will do what is best for my life, body, mind and clients.
It's ok to say no, it's hard sometimes, but it's ok. If it makes them mad, that's on them.
Thanks for all the info and suggestions. Yes I know I am just starting out and building. I understand the need to be available but I am choosing not to work late nights. I am very fortunate that I do not have to depend on this job to get by. My husband recently retired after 35 yrs with the same company. I like to be home in the evenings in case we want to do something. I only want to work 3 days a week and if I have clients that just can't come in during the time I am there, I am willing to work 2 Sat a month if needed. I just need to push back and be firm and say no to the late night and that from now on or starting in Oct, I will be controlling my book. I don't think she is going to like it but others are controlling their time, I think I have the right to do that too. I live very close to the salon, takes me less than 5 minutes to get there.

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You got it, nothing is more important than time. And we are all so different that we need to meet our own goals. I have worked part time for so long and you can build a clients during the times your there, it just takes a little longer, and it's all good. Your going to be very happy as long as you stick to what makes you comfortable.
I agree with your husband & Sobeit.

The IRS considers what she is trying to do as "control" and therefore would constitute an employee relationship.

If you are paying a percentage while you build, that is fine as long as you have a maximum amount agreed upon.

You do need to book your own appts, not the salon. And collect all your money.

The 1099 will be something YOU give to the owner for rent paid at the end of the year as SHE needs to claim the income as rental income and you claim it as an expense on your taxes. A good CPA will help you with that.

If she insists on controlling your schedule, she is then in "control" and the IRS will view you as her employee making her responsible for your takes. It's a fine line. I have resources and info for a seminar I will be doing for the NW Nail Tech retreat on this issue.
From the beginning I've collected all the money and then I give the salon a check every week for the rent for that week. We do have a contract stating the salon will get 30% of what I bring in. I have never been in a situation like this so am happy to get your responses regarding this. Any suggestions on how to let them know I want to control my own book and hours? We are sitting down next week, as she wants my answer regarding working one late night a week. I would love to go to the seminar but right now, it's not in the budget. Are the resources etc from the seminar going to be made available?
email me and I will send you some info.

If she insists on controlling your hours, she will be responsible for your taxes.

I am still putting everything together but have some very clear info that will help you.
Thanks so much!! Email is on it's waySmile
Here's the update: Had a meeting with the owner, she's now wanting me to work another late evening -7-730pm to help with the other nail tech's overflow. My question to her - if she is working late and doesn't want to, why did she book them in the first place? She didn't really have an answer.

So I had another meeting with another salon owner - I asked if I had control of my hours and book. She said, it would be illegal if she did and also said that would mean she would be my boss and she doesn't want any part of that. It was a very good meeting and I would be the only nail tech there. A few of the stylists came up and introduced themselves and were totally excited. They said they always have clients wanting to know when they were getting a nail techSmile I am taking the plunge and giving notice where I am now and moving on. I feel like a heavy burden has been lifted. Thanks for the replies - it helped make the decision easier.

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Woohoo that's awesome! Congratulations. Very very exciting. Your gonna do great. Let us know how the giving notice and moving into the next shop works out for you. Your inspiring me to look around some. I am an advice giver, but for some reason, I never listen. I want to find some new scenery too. LOL.
Congratulations Terri!!!

Sounds like that is a salon you want to be at.

Having an educated owner is always a plus!!!!

Happy for you. Hopefully I will see you in Sacramento
Thanks Sobeit and Ellen!! Now all I have to do is give the notice tomorrow and I can start moving into the new salonSmile I will give updates again once I am all settled in and let you know how it's going. Ellen - I hope to see you in Sacramento this weekend!!
If the salon owner considers % rent, why does she think she can tell a renter when to be there???? What the heck?????

Anyway, if you are not an employee, you set your own hours. You might want to tell her you feel it would be more of an official rent if you gave her a base rate (like $10 week), then % on all $ above that (if you are not ready to rent a higher/regular price because you are building). This benefits both of you, and hopefully keeps it legal (as long as she doesn't try to control you).

Edit: Whoops, just saw you found a new place. Good for you! Let us know how it goes!