I read this article with the article on illegitimate wage deductions (salon owners charge a tax per service.) I have these problems where I work as 1099 IC /collaborators? Louisiana. I`m having a hard time navigating the site for the Labor Department. Can you help me? I have a booth rental that I maintain as a big problem with the law. My question is, I have a stylist who is just starting to work out of my shop. She can`t afford to pay my rent right now. Can I make her a 1099 that respects the law… basically, they treat like my other tenants (I`m a landlord, not a boss) and only take one percent a day of what they put in place? I really want to help him… only not sure, the best way to do it. Thank you very much. Unfortunately, even if you consider your stylists as independent contractors, and even if they are in WRITING they are independent contractors, IDES can still suddenly strike an audit on you, the ignorant salon owner, and reclassify your stylists as collaborators. (The facts of your case will govern – not the formal agreement.) As a disclaimer, I`m not a lawyer – but I have a lot of common sense, and most judges too.
I think your “employment agreement” was effectively terminated when it decided to violate federal tax and labour laws by classifying you as “independent.” When you became a business, she ceased to be your employer. Any agreement you have reached before would be null and void. Since you were considered “independent” and independent, she had absolutely NO right to limit your ability to act freely. I would invite him to file a complaint. (“Do it – you won`t do it.”) However, it may be best to simply ignore them until something is served to you. At that point, I would laugh and wait for her to be embarrassed in court – oh, and certainly get through the IRS and the DOL. There is an independent contract contract between a customer and a company that undertakes to provide services for payment. The client assumes no responsibility to staff, subcontractors or staff in relation to the services provided.
Their only obligation is to pay the independent contractor without liability if a person is in the process of carrying out … No no. In 5 of the IRS` 6 income judgments, they identified salon tenants who took a percentage of an “employer” plan. I know you want to be generous, but it`s a bad idea that puts you at a legal disadvantage. Instead, consider offering a lower introductory price. (Honestly, my opinion is that if she has just graduated from school, it is highly unlikely that she will succeed in renting, unless she is extremely talented in performing the service and enlightened about autonomy.