Legal Question in Employment Law in California
I have a California state license as an esthetician. I was hired by a salon/spa as an employee, but was required to choose between "renter" and "commission" status for compensation. I chose commission, since I was 17 and had no clientele of my own. I was never told that I would be be responsible for bringing new business to the salon. The business had a receptionist that all clients had to go through, and payment for services was given directly to the salon. The business would calculate my portion and pay me; they didn't take out taxes or offer any type of benefits. I would be issued a 1099 at year-end. My employer had me report for work for five months, but had virtually no clientele for me. I provided service to only a couple of people during my tenure there, but still had to show up for work and sit around waiting for clients to walk in the door. I tried to build clientele by offering complimentary services to existing hair clients, designing a brochure of my specialty services, attending a 3-day skin care conference during non-working hours (where I talked to as many people to network with as I could) and putting the salon's brochure in businesses. The salon put off ordering business cards for me because there wasn't enough volume to order at a discount, so I purchased my own. Does the salon owe me any compensation for putting in the time (mostly full-time) for nearly 5 months? I didn't leave sooner because I wasn't able to find employment at 17 as an esthetician, so I waited until after I turned 18 to leave.
1 Answer from Attorneys
The key question is whether you are an "employee" or an "independent contractor" for purposes of state and federal employment law, and whether you received at least the minimum wage for the hours you were required to be at work.
You would need to speak either with an employee-side labor lawyer or the California Department of Labor, Department of Labor Standards Enforcement, about this matter, to see if you have a claim for unpaid wages.
Best of luck to you.