Legal Question in Landlord & Tenant Law in California
I own a salon and spa in Fresno, Ca.
I have a booth renter who is a hairstylist.
She has a key to the salon because she is an independent contractor.
She was also given an alarm code.
It has recently come to my attention that this stylist has been doing some dishonest things.
I have told her that she is no longer permitted to be here and work outside of business hours.
She is now telling me that this is illegal and that by law she must have access to the premesis at all times since she is an independent contractor.
My question is simple. Do I have the right to confine independent contractors to only being on the premesis during our posted hours of operation?
2 Answers from Attorneys
Yes, you absolutely do. Control over hours and location is only one of the factors in determining whether a person is a contractor or an employee, and no business is obligated to allow contractors to be on the premises when the business is closed. REQUIRING her to be present during certain hours, might be indicative of her being an employee, but precluding her from being there when the business is closed is entirely within your rights and is entirely consistent with her being a contractor.
Mr. McCormick is, of course, correct, but whenever anyone tells you that they have a legal right to do something, tell them to cite the exact Code Section and/or court decision(s) giving them the right and how exactly it gives them the claimed right. Normally the claim is a bluff; it the right existed they should be able to cite their support. Also, the law normally is logical; if an independent contractor had the right to be on the premises at any time, you would basically have no control over your own property and no insurance company would provide coverage because of that lack of control.
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