Legal Question in Employment Law in Virginia

massage therapist...independent contractor (1099) works for 50% commission performing massages at a salon and spa. the owner demands uniform not provided by her. demand you be in building for 7/8 hours everyday weather you have clients or not demand you sweep, mop, take out trash, clean bathrooms, laundry answer phone and make appointments for the entire shop. even though you only get paid for doing massages. sometimes your day(s) are consumed with this type of labor with no pay. As an IC my understanding was the IC has control over the time/schedule and prices. I also thought that the owner doesnt have control over how you dress. My appearance at work is always nice and neat as well as comfortable, with hair in ponytail. Now she has implemented a new rule that hair must be professionally done everyday. this has gone too far. last week was really slow...no clients for four days..on the fourth day i stayed half the day and left (had something to take care of) no clients on book. the next day was given a verbal warning for leaving early. she gets everthing she needs done at the shop...free of charge then we have to market ourselves to bring business into the shop. need advise on what i can and can't do and what boundaries is she crossing.


Asked on 2/06/13, 1:57 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If you're an independent contractor, then you should have a contract with this salon and spa owner which governs what's expected of you in terms of your work performance and what your compensation should be, and unless the items you've mentioned are referenced as part of this contract, few if any of them likely have any enforceability at law (my opinion).

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Answered on 2/10/13, 8:39 am


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