Q: What are the rights of a 1099 independent contractor? Salon owner treating IC’s as employees
I work for a commission-based salon as a hairstylist. The owner has classified us all as 1099 independent contractors, so we have to pay our own taxes. However she exerts a ton of control over us. She joined a coaching program and has made us charge hourly, doesn’t allow us to accept tips, makes us do all laundry, dishes, and side work (even creating chore charts), has a set weekly schedule for us, and refuses to hire a receptionist so it falls on us. I fear she is guilty of tax evasion. I don’t mind doing these things, but I should be classified as an employee if she wants this much control, right?
A: Most likely. Whether an individual is properly classified as an employee or independent contractor is based on numerous factors, but the most important factor is the alleged employer's ability to control the manner in which you perform your work. Since the owner controls both how much you can charge and whether you can accept tips, she is effectively controlling your income potential. It also sounds like she controls the manner in which you perform work as well (i.e. how and when to perform side work, how you schedule your appointments).
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