04-15-2013, 02:10 AM
I know the subject of employee vs booth renter vs independent contractor has been discussed often on this forum and I've read any old threads on the issue that I could find, but every situation is unique and I would really like some input on mine. This is partly a rant, partly a cry for advice, so please bear with me and I apologize in advance for how lengthy I'm sure this is bound to get!!
I just moved to a new state. I've booth rented for years, but when I moved back in February I decided to take my first Non-booth renting position. Before I explain my problem, let me just say that (so far) I LOVE this salon, everyone has been extremely welcoming and friendly. All of the workers in the salon get along great, there's no drama, and there's a great atmosphere and tight-knit sense of comraderie, which is something I have never experienced working in the salon industry. I am the only nail tech working in the salon with 7 hair stylists, an esthetician (she is the owner) and a massage therapist and they've all been great about referring clients to me.
That being said, I'm kind of confused about my position. The salon owner is calling me an "independent contractor". I am being paid 50% commission, and using my own product and tools. However, she is requiring me to work certain hours and I am not allowed to work outside of HER working hours, which is only 3 days a week. All of the booth renters in the salon can work whenever they want. She is also requiring me to do her nails every 2 weeks and a pedi once a month for free as part of our "agreement", even though we have no actual written contracts or lease agreements on paper.
Now, I will say that I accepted this position under the impression that commission employee's get paid an hourly wage if commission works out to be less than minimum wage for hours worked. However, I was disappointed to find out that this law doesn't apply in my new state. That being said, until now, this arrangement has still worked out mostly due to the fact that I was desperate for a job and couldn't find another salon in the area that was hiring for any non-booth renting positions. But, now I'm starting to have trouble making ends meet. I am only booking 2 or 3 appointments a day. This is unusual for me, as I am fairly good at promoting myself. I left behind a wonderful, full clientele, which I built from scratch. But she does not want me to use any of the marketing strategies that have proved successful for me in the past (like referral cards and coupons/discounts). Also, I normally hand out business cards everywhere and that has always worked out great for me, but I am still waiting for cards after 2 months. She puts in an order for business cards for the entire salon at the same time in order to get a bulk discount, and since nobody else is ready to order, I am stuck waiting. I've offered to pay the difference to order my cards separately so I get them asap but she won't let me do this. In a fit of desperation, I ordered some "generic" cards (without the salon logo or their template), with just my name and contact info (I used my cell phone, not the salon phone number) but she won't let me hand them out in the salon -- and since I am required to book appointments through the salon's central booking software, its kind of pointless to hand out a card without their phone number on it anyway. I also talked to her about the possibility of finding a second job and she told me she will not be willing to let me work around another schedule.
I'm kind of at a loss of what to do, on one hand, I really like this salon and I want to be successful here... On the other hand, I feel very limited and held back by not being a booth renter (something I can't afford to do right now), and maybe even taken advantage of as an "independent contractor".... What would you do?
I just moved to a new state. I've booth rented for years, but when I moved back in February I decided to take my first Non-booth renting position. Before I explain my problem, let me just say that (so far) I LOVE this salon, everyone has been extremely welcoming and friendly. All of the workers in the salon get along great, there's no drama, and there's a great atmosphere and tight-knit sense of comraderie, which is something I have never experienced working in the salon industry. I am the only nail tech working in the salon with 7 hair stylists, an esthetician (she is the owner) and a massage therapist and they've all been great about referring clients to me.
That being said, I'm kind of confused about my position. The salon owner is calling me an "independent contractor". I am being paid 50% commission, and using my own product and tools. However, she is requiring me to work certain hours and I am not allowed to work outside of HER working hours, which is only 3 days a week. All of the booth renters in the salon can work whenever they want. She is also requiring me to do her nails every 2 weeks and a pedi once a month for free as part of our "agreement", even though we have no actual written contracts or lease agreements on paper.
Now, I will say that I accepted this position under the impression that commission employee's get paid an hourly wage if commission works out to be less than minimum wage for hours worked. However, I was disappointed to find out that this law doesn't apply in my new state. That being said, until now, this arrangement has still worked out mostly due to the fact that I was desperate for a job and couldn't find another salon in the area that was hiring for any non-booth renting positions. But, now I'm starting to have trouble making ends meet. I am only booking 2 or 3 appointments a day. This is unusual for me, as I am fairly good at promoting myself. I left behind a wonderful, full clientele, which I built from scratch. But she does not want me to use any of the marketing strategies that have proved successful for me in the past (like referral cards and coupons/discounts). Also, I normally hand out business cards everywhere and that has always worked out great for me, but I am still waiting for cards after 2 months. She puts in an order for business cards for the entire salon at the same time in order to get a bulk discount, and since nobody else is ready to order, I am stuck waiting. I've offered to pay the difference to order my cards separately so I get them asap but she won't let me do this. In a fit of desperation, I ordered some "generic" cards (without the salon logo or their template), with just my name and contact info (I used my cell phone, not the salon phone number) but she won't let me hand them out in the salon -- and since I am required to book appointments through the salon's central booking software, its kind of pointless to hand out a card without their phone number on it anyway. I also talked to her about the possibility of finding a second job and she told me she will not be willing to let me work around another schedule.
I'm kind of at a loss of what to do, on one hand, I really like this salon and I want to be successful here... On the other hand, I feel very limited and held back by not being a booth renter (something I can't afford to do right now), and maybe even taken advantage of as an "independent contractor".... What would you do?