Legal Question in Employment Law in California

what constitutes an "independent contractor"

I am a massage therapist and get paid per hour of massage only. I am required to be at the workplace for a set amount of hours per day and days per week whether or not there is a massage scheduled and I am not paid for the time. So if I do no massages I get no money even if I have been there all day. In addition I am required to do certain cleaning chores whether or not there is a massage scheduled and I am not compensated. They say that I am an independent contractor, is this so? And should they be paying me at least min. wage for the hours that I'm not doing massage?


Asked on 10/03/00, 3:35 am

1 Answer from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: what constitutes an

If you are not in business for your self having a license to carry out your business, given the circumstances you have discribed you may be their employee. If you are not being paid for all the hours you are working file a claim at your local office of the State Labor Commissioner.

Read more
Answered on 10/31/00, 11:28 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California