Worker an employer has a significant degree of control over

Schedule is set by salon owner or manager 

Can be required to adhere to a dress code or uniform

Follows general rules and/or protocols set by salon owner & can be reprimanded for not following

Attends meetings and/or classes, must be paid if mandatory to attend

Requires exclusive devotion to the salon

Maybe required to sign legal non-compete and/or non-solicit agreement 

An employee is not responsible for bringing in new clients.

Employees are responsible for maintaining the salon’s clientele & making walk-ins repeat clients

Is not responsible for doing their own advertising

Must honor all sales, promotions, coupons & discounts of the salon

Does not determine service price

Usually required to have responsibilities besides performing services like cleaning, answering phones, doing towels, stocking & helping coworkers

Can be fired at any time & in most states do not have to be given a reason

Right to quit at anytime

 Must use whatever product lines the salon provides them

All products to perform services on clients (backbar, color, foil, perm solution, styling products, etc) are to be provided by the salon & in most states can not be charged a product fee

Clients pay at a centralized location (reception desk). Aside from tips, employees are never paid directly by customers.

Not legally entitled to client personal information & most likely may be prohibited from taking that data or using it to harm the business

Has the right to practice within the realm of education. Meaning if you are not qualified or comfortable performing a service you have the right to not take the client

Not required to pay for client fixes

Receives a tax form W-2 at the end of the year

Receives a paycheck from employer with federal & state taxes taken out & paid into the appropriate entity by the owner

Paycheck (when averaged into hourly pay for the pay period) must equal or exceed the prevailing minimum wage. If it doesn’t, the employer must make up the difference

Must be paid for hours scheduled to be at the salon even if they are not with a client if commission rate does not qualify, this is called engaged to wait

Does not receive a tax form 1099 

Entitled to full amount of tips from clients

Has the right to earn commission from retail sales

Required to have hours tracked (clock in & out) as mandated by the federal government

Covered by workman's compensation & unemployment insurance

Covered by salon’s liability insurance

Tips should never be considered commissions for the purposes of the exemption of minimum wage