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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37793
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I work in a salon doing eyelash extensions. I do not rent the

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I work in a salon doing eyelash extensions. I do not rent the space. Supplies are provided for my by the owners. I do set what days I will work & The owners schedule clients for me.They did have me sign a contract on how many cleints per week I should do. Unfortuately I have cancer & cannot keep up with the original contract, I tire easily. My clients do not pay me, they pay the shop & I get a percentage of work done. Am I an Independant contractor or an employee?

Good morning Jeanne,

I'm Doug, and I'm very sorry to hear of your situation.

Quite simply you are an employee. Based on the type of work you do, and the fact that you don't have your own business, or pay for your supplies and space--all of that is provided by your employer---there is no way that the employer can legally claim that you are an independent contractor. As such, and under CA law, they should have both workers' compensation, and state disability insurance for you, as well as be paying unemployment insurance for you.

If they are not doing this you will want to immediately report them to the CA Department of Labor. They may not harass you or terminate you for filing a complaint against them for any employment laws that they may be violating.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

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I wish you the best in 2013,


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