Legal Question in Employment Law in California

No commission paid
My wife works as a hair stylist who is paid 50% commission for all services. For a few months, the salon owner sold gift cards for ''free'' haircuts. My wife gets no commission from these and has to use her own products on these clients while the salon keeps all the money from the gift card sale. Is this legal? My wife gets no hourly pay or salary, only the commission. We are, in a sense, wasting my income to pay for the services the salon is making all the money on. Her contracts says she should be getting her commission minus 25% for all gift certificate services rendered.

Asked on 8/21/07, 2:58 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Re: No commission paid

Many salons contract with hair stylists who are independent contractors who, in essence, work for themselves and rent space from the salon. In such cases, the terms of the contract dictate their rights and obligations.

However, if salon owners set rules and regulate how the hair stylist conducts their business, including how they get paid, they may have crossed the line and become an employer, which would require them to pay the stylist for their time, even if it is only minimum wage. The degree of control the salon owner has over the stylist is an important factor, among others, that must be considered in determining whether the stylist is an employee or an independent contractor.

You may want to have your wife consult with an experienced employment law attorney in your area to get an opinion as to whether your wife has been properly classified and what her rights are.

Answered on 8/21/07, 4:18 pm

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