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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37957
Experience:  Retired (mostly)
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Is a stylist who works in the owners salon, uses the owners

Customer Question

Is a stylist who works in the owner's salon, uses the owner's equipment, works on the owner's work schedule, and schedules appts through the owner covered under the owner's professional liability policy? The owners never said I wasn't covered until after an incident occurred. If I has been told that I was not covered, I would have purchased my own coverage. TB
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.

Hello,

A professional liability policy only covers employees. If you are an independent contractor or a tenant (renting a chair), working in the owner's salon, then you are not covered by the salon owner's insurance policy.

You could file a request for a determination of your employment status with the Employment Development Department and/or the IRS -- and if either agency determines that you are actually a misclassified employee, and that you should be paid W-2 wages or commissions, then the owner's insurer would be required to cover you.

Please let me know if my answer is helpful, and if I can be of further assistance.

 

And, thanks for using justanswer.com!

Customer: replied 3 years ago.

No, I didn't see where I was supposed to rate you. I know that
professional liability and CGL policies only apply to employees, but the
question is whether the facts of the case support a claim that the worker
is actually an employee and the insurance company is avoiding liability by
claiming that the worker is an independent contractor. TB

Expert:  socrateaser replied 3 years ago.
My apologies. I didn't realize you were looking for a employment status determination. The three most important questions considered by the California Employment Development Department (EDD) in making this determination are:

1. Does the employer instruct or supervise the person while he or she is working?

A: Your facts do not disclose the answer to this question.

2. Can the worker quit or be discharged (fired) at any time?

A: Your facts do not disclose the answer to this question.

3. Is the work being performed part of your regular business?

A: The answer to this question is "yes." This is a strong indicator that the worker is an . employee.

If the answer to either #1 or #2 above is also "yes," then the worker is an employee, beyond all reasonable doubt.

If you would like to obtain a legal determination of your status, then file a Form DE 38 with EDD, and a Form SS-8 with the IRS.

Hope this helps.

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