Legal Question in Employment Law in California
independent contactors or employee
Owner of business rents rooms by shifts to massage therapists. Therapists provide own supplies,equipment and are paid by client. Owner considers all clients his as he advertises by radio. Owner insists therapists do volunteer work he chooses, be at office at scheduled times w/wo appointments to man phones. If upset with a therapist he will cancel the days appts. and reassign to another therapist, place note on appt. book not to schedule for that therapist, change the locks to the building or forbid the therapist to work for a month and assign the rented shift to someone else. Therapists need his permission to work outside his office as therapists.
If owner needs a room he will just take it leaving therapist without workspace for the day. Owner states they are not employees, independent contractors or associates. They are self employed and must pay their own taxes, licence, insurance etc. What is the status of these therapists, laws violated by owner and agency to be contacted for an investigation to be done?
1 Answer from Attorneys
Re: independent contactors or employee
In California, the determination of independant contractor or employee is based primarily on the degree of control the owner has over the individual. You may very well be an empoyee of the owner given the amount of control the owner has over your work. You should contact the nearest office of the state labor commissioner and explain your position in greater detail. Good luck.
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