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Amber E.
Amber E., Attorney
Category: Legal
Satisfied Customers: 1395
Experience:  Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
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I work in a hair salon. 55% commission to me. I do not pay

Customer Question

I work in a hair salon. 55% commission to me. I do not pay booth rent. I never signed a W4 and just found out that I get paid weekly and no taxes are taken out? So how do I go about this. How does it work when clients pay the tip on the credit card? I'm in Florida
Submitted: 2 years ago.
Category: Legal
Expert:  Tina replied 2 years ago.
Hello and welcome,

Is there a written agreement in place? Does it indicate that you are an independent contractor? The agreement does not address how tips are paid, or what fraction of tips may be kept by the company?
Customer: replied 2 years ago.
There was no written agreement in place at all. No w4 completed. All I was told was I get 55% in commission.

I don't even know what questions to ask her.
Expert:  Tina replied 2 years ago.
I see.

Without an agreement stating otherwise, any tips intended for you by the customer would typically be yours and the employer's attempt to divert them could constitute theft and fraud, for which you could file a police report and a lawsuit to recover the amounts owed to you.

Since there is not written agreement and you do not pay booth fees, there is a likelihood that you should be treated as an employee, with taxes withheld, unemployment taxes and worker's comp insurance paid on your behalf.

However, if you approach the employer, they may decide to retaliate and terminate your employment altogether for asking questions. Because of that, it is best to retain a local employment law attorney to communicate with the employer to protect your rights.

Here is a link that provides more information on how to analyze this situation and the factors that must be considered:

http://www.miamiemploymentlawyerblog.com/2009/07/florida-employers-that-claim-a.html


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

Customer: replied 2 years ago.
I was told by another employee that the owner does something with the tips though. There is a form she gives us to pay taxes on our tips.
Expert:  Tina replied 2 years ago.
If you have not filled out a W-4, then the company would have no basis for withholding taxes, so I don't know what form the other worker may be alluding to. It sounds as though the owner may be pocketing the tips if they are not being paid to you by check or in cash where the owner receives the amount charged to the customer's credit card.
Customer: replied 2 years ago.
I expected more help/advise that I was given. I'm sorry.
Expert:  Tina replied 2 years ago.
I would be happy to provide additional information if you can tell me what you were looking for. I don't have a crystal ball unfortunately, so it is literally impossible for me to say what form the co-worker may be referring to. As I indicated, it appears that the company may be pocketing the tips, which is illegal, and may be treating you as an independent contractor when you should be treated as an employee, if you fit the criteria set out in the link I provided. That is also illegal, and a suit could be filed, but I don't want you to lose your job if you really need it, so I suggested you retain a local attorney to help avoid that from happening.

Customer: replied 2 years ago.
,No additional information at this time will help me. This service was not what I expected it to be.
Customer: replied 2 years ago.
No additional information at this time will help me. This service was not what I expected it to be.
Expert:  Amber E. replied 2 years ago.
Q. So how do I go about this.

Info required: Go about what, what is it that you want to do?


Q. How does it work when clients pay the tip on the credit card?

A. Whoever takes the credit card rings the sale up and then turns around and hands you the tip, absent some agreement to the contrary.
Customer: replied 2 years ago.
Thanks and I feel at this time there is no other questions to ask because this service is not what I expected and there is really nothing else at this time you can help me with.
Customer: replied 2 years ago.
Isn't it interesting how I am not satisfied with your answer that I still get charged on my card.
Expert:  Amber E. replied 2 years ago.
I have let customer service know that you would like a refund.

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