If I'm paid commision at my salon in MA, can they force me to stay at work when I don't have clients
Hi, I have worked at a salon in Mass for 5 years now, and since I have been on commision, for 3 years, I have set my own schedule and could come and go as long as I had no clients. The owners now want us to stay and work our schedule in case walk ins show up. I do not get paid unless I have a client, so by law do I have to stay because I am technically still an employee there? thank you
1 answer | asked Sep 23, 2011 06:31 AM [EST] | applies to Massachusetts
Answers (1)
You don't really provide enough details information to confidently answer this question, but let me see if I can help.
The real issue is your "status". Are you an employee or an "independent contractor"? There are about 12 conditions to satisfy to be an independent contractor.
I assume that you are actually an employee, and you get paid by the haircut. This probably works fine if you only have to be there for scheduled work (haircuts), and therefore presumably by dividing the number of hours you work into the total amount you get paid, you would make more than the minimum wage per hour.
But if you are forced to stay at the salon -- stay at work -- and that math (above) comes out to less than $8 an hour, you may have an issue. If you are an employee and make less than the minimum wage per hour -- and if there are no exceptions for your industry -- you should have a further conversation with an attorney or public legal services.
posted by Kevin McGann | Sep 26, 2011 11:39 AM [EST]
The real issue is your "status". Are you an employee or an "independent contractor"? There are about 12 conditions to satisfy to be an independent contractor.
I assume that you are actually an employee, and you get paid by the haircut. This probably works fine if you only have to be there for scheduled work (haircuts), and therefore presumably by dividing the number of hours you work into the total amount you get paid, you would make more than the minimum wage per hour.
But if you are forced to stay at the salon -- stay at work -- and that math (above) comes out to less than $8 an hour, you may have an issue. If you are an employee and make less than the minimum wage per hour -- and if there are no exceptions for your industry -- you should have a further conversation with an attorney or public legal services.
posted by Kevin McGann | Sep 26, 2011 11:39 AM [EST]
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