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Ask LawTalk Your Own Question
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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En, I read your correspondence with a customer about paying

Customer Question

Hi Allen, I read your correspondence with a customer about paying stylists commission or min wage, which ever is higher. Is that still legal? I had an attorney tell me we had to pay hourly PLUS commission, We used to pay our stylists 50% commission only, and after talking to him we switched to hourly PLUS commission and our stylists quit on us. We've interviewed a few new stylists and they all look our our model and say it won't work. Even though our hourly + commission still essentially equals 50%, they don't understand it. We pay them $9/hour (min wage in CA) plus a tiered commission 20%-30% depending on sales. Sometimes they end up making 55-60%. At this point I'd like to change to Hourly OR commission, whichever is more. Can you confirm this is still legal/valid? I know tons of salons that are doing it, but wanted to make sure before moving forward. I can't continue on this model if I want to keep stylists. Thanks for your help
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

It appears that your professional has already opted out of this question.

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I am a CA licensed attorney with many years of employment law experience.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here.

In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are your stylists deemed employees by you---meaning that you have workers' compensation insurance, withhold taxes from their pay and give them W-2s, or do you treat them as independent contractors?

Thanks in advance,


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