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I graduated from Cosmetology school August of last year and began a job as a nail tech May of this year.
I'm not sure how payment and treatment of nail techs go so I have questions.
I receive 50/50 commission. There is no base pay. Some days I can work 10 hours and go home with nothing. If I make product sales, my boss takes them. She also labels us as independent contractors when 95% of supplies are provided for us and gives us set hours and forces us to stay even when we have had no customers. There have been times where I've worked 60 hours and received no overtime or anything. And she told me if I take one day off, I need to provide a note from a doctor. We are paid with W2s, so that also suggests I'm an employee not IC. They also have unlicensed workers here and pay them under the table. I'm not sure how to go about this or if this is normal behavior? This is my first out of school job.
Any help or insight is appreciated.
Others can give you better answers but you are right from what I read here.. this situation is WRONG. I would go to the IRS site and look up the rules for independent contractors. If you are an IC, YOU make your hours
Google Tina Alberino - she's the expert! And will tell you this is a bad situation
I was unknowingly in a situation like this before. It was a walk in place and all the "family" got paid cash....me and another girl got paid 50%. Unbeknownst to me when tax time came and I no longer worked there...low and behold I got a 1099. Total ripoff.
She is 100% ripping u off. You can either leave, which I would recommend or stand up to her. I doubt she will bend, that sounds very balsy of her all ready.
So either get out or don't complain. It's illegal what she's doing but have fun proving it.
You are new and she's taking advantage of that.
Period.
What she is doing is highly illegal and completely immoral! She is taking advantage of everyone there, as many other owners do. I am a salon owner with employees who are paid hourly, plus tips, with potential for commission. This situation frustrates me beyond words, I would suggest that you find another place to work Immediately.
If you are in the US and she requires you to be there a single minute, you are an employee and she would HAVE to pay the employers share of taxes, would have to have Workers Comp & Disability insurance on you AND has to compensate you for each minute that you are working in her salon, even if you do not have a single client all day/week/month/year!
She can do a 50/50 commission, but ONLY if your pay adds up to At Least minimum wage for each hour worked. If you are required to be there, this is your required compensation.

IF she wants to classify you as an independent worker, which in the beauty industry would be called a booth renter, she charges you for your space and that is it! She cannot dictate anything regarding your work or how you want to operate your business, when you show up or when you leave is up to you and you alone.

Tina Alberino is the Queen of this topic, check out her website & blog, subscribe to it!! She is Such a valuable source of information! Here is a link to her article on classification in this industry:
http://www.thisuglybeautybusiness.com/20...ndent.html

Tracy is very right in that it would be difficult to prove what she is doing, but if it were me, I would report her to the Dept of labor in your area and any government official who would listen.
Best wishes to you!
Darcy