gabodykneads4
New Member
I've read all over the net to try and answer my own question but now I'm more confused....here is my situation:
I am a licensed massage therapist in Sarasota, FL (right to work state)...I work at a day spa and am paid 55% commission plus my tips...I believe when I was hired that I filled out a W-4....my paychecks are paid every 2 weeks and it shows that I have taxes taken out
The spa supplies me with a room and massage table sink and CD player (I don't use)...washer/dryer and detergent...sheets are available but not in good condition. I have to use Pevonia (product name) for scrubs/wraps but this is the only product that is provided for me to use (and required for me to use) for these two services
I supply all products used (oils, creams, hot stones, sheets, bolster, table warmer, essential oil, ipod and speakers, candles)
I am expected to be there 28+ hours a week. I receive health insurance and the spa pays for half of insurance. The spa does not pay or reimburse me for my products. The is a receptionist that take appointments and handles payment of services. (We had no receptionist for over 3 weeks and I ended up doing it...now I'm training the new hire). The Spa does very little advertising and there are not many clients. The Spa expects me to take the cut if a service is given at a package deal even if I did not agree to it (or in most cases assumes I will take the cut so that the spa get this client). I'm also expected to clean bathroom, take out trash etc if it need to be done. I'm also required to wear black/white clothing (as uniforms). There is not a clock to clock in and keep track of hours at work and we have not Labor Laws posted anywhere in the spa (I thought that this is required to be posted somewhere, but I could be wrong)
I called the labor board and asked if I do not make enough commission for the hours I was at the Spa (minimum wage times hours worked), does the spa have to pay me minimum wage. Short answer was yes, pay must be at least equal to minimum wage.
I brought this to the owners attention and she told me she did not have to pay minimum wage because we were contracted workers. The owner is not very business savvy and I'm sure this was her response to cover her own tail. I bring in the most amount of money to her spa almost every month. Most of the client were clients I had before working at her spa and they followed me to this spa. 75% of the rest of the clients are clients that my prior client sent to me. the remainder of clients came from walk-ins and the spa's clients. I never signed an non compete form and verbally told the owner that if given a non compete form that I would not sign it
My question is...what am I? Contractor or Employee? Any documentations/reference to back up the answer would be great also....I'm guessing I'm and employee and the owner does not want to pay back pay for the many weeks that all her employees sat at work and made $0-less that $140 a week (less that what minimum wage would pay)...anything else I might need to know before I follow up with the owner on my situation?
Thank ahead of time for any input
I am a licensed massage therapist in Sarasota, FL (right to work state)...I work at a day spa and am paid 55% commission plus my tips...I believe when I was hired that I filled out a W-4....my paychecks are paid every 2 weeks and it shows that I have taxes taken out
The spa supplies me with a room and massage table sink and CD player (I don't use)...washer/dryer and detergent...sheets are available but not in good condition. I have to use Pevonia (product name) for scrubs/wraps but this is the only product that is provided for me to use (and required for me to use) for these two services
I supply all products used (oils, creams, hot stones, sheets, bolster, table warmer, essential oil, ipod and speakers, candles)
I am expected to be there 28+ hours a week. I receive health insurance and the spa pays for half of insurance. The spa does not pay or reimburse me for my products. The is a receptionist that take appointments and handles payment of services. (We had no receptionist for over 3 weeks and I ended up doing it...now I'm training the new hire). The Spa does very little advertising and there are not many clients. The Spa expects me to take the cut if a service is given at a package deal even if I did not agree to it (or in most cases assumes I will take the cut so that the spa get this client). I'm also expected to clean bathroom, take out trash etc if it need to be done. I'm also required to wear black/white clothing (as uniforms). There is not a clock to clock in and keep track of hours at work and we have not Labor Laws posted anywhere in the spa (I thought that this is required to be posted somewhere, but I could be wrong)
I called the labor board and asked if I do not make enough commission for the hours I was at the Spa (minimum wage times hours worked), does the spa have to pay me minimum wage. Short answer was yes, pay must be at least equal to minimum wage.
I brought this to the owners attention and she told me she did not have to pay minimum wage because we were contracted workers. The owner is not very business savvy and I'm sure this was her response to cover her own tail. I bring in the most amount of money to her spa almost every month. Most of the client were clients I had before working at her spa and they followed me to this spa. 75% of the rest of the clients are clients that my prior client sent to me. the remainder of clients came from walk-ins and the spa's clients. I never signed an non compete form and verbally told the owner that if given a non compete form that I would not sign it
My question is...what am I? Contractor or Employee? Any documentations/reference to back up the answer would be great also....I'm guessing I'm and employee and the owner does not want to pay back pay for the many weeks that all her employees sat at work and made $0-less that $140 a week (less that what minimum wage would pay)...anything else I might need to know before I follow up with the owner on my situation?
Thank ahead of time for any input