Legal Question in Employment Law in California

My wife works as an independent contractor in California as a massage therapist at a spa. She missed a 4 hour shift when she didn't know she was working. We found out later that they recently instituted a policy where if someone misses their shift, the massage therapist is charged $20 for each hour missed. However, my wife was never informed of the policy. An email was sent out to the employees, but the original email was checked and her email address was not included. She's been working every Thursday night this month, and has gotten one whole massage, earning $57 after the spa's mandatory rent and other fees are deducted. This week she went in to pick up her check, and was informed of the policy for the first time and told that instead of getting a check, she owes the spa $23 (4 hours missed @ $20/hr, minus the $57 earned wages). So basically, they took away the money she is lawfully owed, and are going to deduct the remaining $23 from the next massage she does. Is this legal?


Asked on 9/02/10, 11:26 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

An 'independent contractor' can't have 'deductions from wages' taken, only employees have 'wages'. They are treating her like an employee, and not even legally at that. She can file a lawsuit for unpaid compensation, interest, penalties and attorney fees. If serious about doing so, feel free to contact me. If others there are treated the same, she should get them together to join with her in the suit.

Read more
Answered on 9/08/10, 9:54 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I agree with Mr. Nelson. It appears the employer is trying to have it both ways and may have committed a fatal error showing the degree of control over your wife and probably others. This is indicative of an employment relationship. If so, the employer should be withholding taxes, maintaining workers compensation insurance, as well paying for all hours worked. The penalty and the charges imposed on your wife are also illegal. Your wife should consult with experienced employment law attorneys in your area to review her legal options

Read more
Answered on 9/08/10, 10:52 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California