Legal Question in Employment Law in California
I'm a newly licensed Esthetician. I just started working at a day spa. I'm feeling above and beyond taken advantage of, but don't know if these are just "my dues" to pay as new to the field, or if I'm getting taken. I have a schedule of working 6 days (more than I asked for) and all other shifts that I'm not "on," I'm on call. Beyond having to clean my own room (which I should have to do) I need to do EVERYONES laundry in spa-when needed, which is at least a load a day. I was told that I also have to carry my own insurance and add owner to my policy. I also have to pay the owner approx half the cost of service to "train" on clients. In addition to that, I'm making 25% of service. After working for 2 weeks, I've made $47 because of paying to train on people.
I don't want to seem greedy or unrealistic, but it just appears to never end with the list of demands I'm being asked to perform. I was also told to give up a couple shifts so that a new esthetician could pick some up (GLADLY!) But then when I gave my 2 shifts, she told me I couldn't get rid of them. I was told the senior esthetician has those days off, so after only being there short time I couldn't have same schedule. I would understand that theory if it infringed on anyone elses schedule, but I was told to GIVE UP 2 shifts for new girl. So why is it ok for me to work them, but not newer girl?
Like I said, I'm new, I have NO IDEA what to do! I feel so used it's making me resentful! If it's the "norm" I'll shut up to do the job I was hired to do. If not, I'd love to hear I'm not as crazy as this sounds to me. Thanks!
2 Answers from Attorneys
Working as you are an an independent contractor, ALL your issues and terms are subject only to an agreement of the parties. If it is not in writing, then you have nothing to go on other than the informal understanding you claim. If you don't agree to what you are being offered, try to negotiate what you do want. If you can't get that, you are free to terminate the contract and try to get a deal with someone else.
This arrangement does not seem right to me. But I am not in your industry so I cannot tell you what the norm is. You should discuss this with trade association people who have more knowledge about what are typical arrangements between estheticians and spas.
As far as the law, there is nothing that can be done about the hours you are required to work But how you are paid depends on whether you are an employee, in the eyes of the law, or an independent contractor. Generally, the more control the employer has over the job you do, the more likely, you are considered an employee. If this is so, you must be paid no less than minimum wage for all the hours you are required to be at the spa, working or not, plus overtime if you are working more than 8 hours in a day or 40 hours a week. You also should not be paying for employer related expenses. And I do not understand what this is about, having to pay the employer to "train" on customers. This practice sounds very fishy to me.
Legal or not, if I were you, I would be looking for a better workplace to learn your trade. But you should consult with an employment law attorney regarding your work status. If you are really an employee, laws are being broken.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
