Asked in Employment Law for Texas

Q: Can my job get away with paying me under minimum wage being a hairdresser?

I worked a total of 72 hours in two weeks and got paid $194. I made 80 in tips as well as I am a hair dresser and I am on commission. My company also takes additional color charges on top of the 60% of my earnings, which I've heard is also illegal.

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1 Lawyer Answer

A: Nonexempt employees are entitled to minimum wage and overtime. Minimum wage and overtime wages are calculated on a weekly basis. Typically, hairdressers are classified as "independent contractors." Without knowing more about your situation, I can't say whether you are an "independent contractor." Also, if you are an employee, an employer can take a tip credit towards its minimum wage obligations, but can't share in your tips (can't take tips from you for "color charges.").

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