Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am a dance teacher and i am classified as an ic, can my…

Customer Question
I am a dance...

I am a dance teacher and i am classified as an ic, can my boss tell me what music i am aloud to use

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Im classified as an Independent Contractor

Submitted: 10 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
10/6/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 10 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,566
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

As you may have already read elsewhere, in order to be properly classified as an independent contractor, a worker must retain significant control over the manner and means by which they do their work. This is a vague standard because ultimately "significant control" is judged by the totality of the circumstances and not by any one thing.

So it's certainly possible to have a properly classified independent contractor who is li mited in terms of what music they are allowed to use. However, that in combination with other facts could be used to argue that the contractor no longer as significant control. For instance, if the contractor is also told how to teach their classes, is provided all the tools for their classes, is prohibited from working for other studios, and is forced to work specific hours, all that together would make for a strong case of misclassification. But there is no law that you could point to which says that you can't tell an independent contractor dance teacher what music to use. And in any case, the employer can certainly require it if they so choose, it just then becomes a question of whether contractor status is appropriate. So you can't simply refuse, your recourse would be to complain to the labor board that you are misclassified and then go through the process of getting set up as an employee.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,566
14,566 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I work at costco am classified as a independent contractor
i work at costco am classified as a independent contractor sampling a food product called popcorners popcorn chip worked 55 hours a week and got paid 450 a week. thats not even minimum is it … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can you fire an independent contractor? We have no written
Can you fire an independent contractor? We have no written contract on record. The independent contractor does not want to participate in changes we made to the business. Can the independent contract … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am researching Independent contractor laws in Mt. We have
I am researching Independent contractor laws in Mt. We have established a yoga co-op with hired teachers, and are thinking about the benefits of having our teachers be Independent contractors? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,415 satisfied customers
I'm trying to figure out how to classify music and art
I'm trying to figure out how to classify music and art teachers for my private studio. We used to have all independent contractors, but then switched a few year ago to employees. We thought we would o… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,206 satisfied customers
Hi, Ive been switched 4 times by my employer (Im a dance
Hi, I've been switched 4 times by my employer (Im a dance teacher) from 10-99 to w-2. Right now, I'm 10-99. I have been with the same studio for 15 years, she sets wages, sets hours, and it's my main … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,566 satisfied customers
I am working for a construction company that has classified
I am working for a construction company that has classified everyone as an independent contractor, I am paid an hourly wage and have never signed any type of contract. I also received my first paychec… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I work for a small company and my boss classifies me as an
I work for a small company and my boss classifies me as an independent contractor. We had a verbal agreement that she would pay me $100 a week for social media services rendered. The services have bee… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have a company in Philadelphia where I utilize independent
I have a company in Philadelphia where I utilize independent contractors. The Department of Labor/Unemployment Divsion submitted a questionnaire which prompt an audit which gave an assessment for 2007… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I work for a a nonprofit with fewer than 20 employees in the
I work for a a nonprofit with fewer than 20 employees in the District of Columbia. We recently hired a worker. The boss classified the worker as an independent contractor (facts: attorney in the 1st y… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
As a music teacher with 35% of my income from a private music
As a music teacher with 35% of my income from a private music school, having worked at the school and provided excellent service with no complaints for four and a half years, in Pennsylvania, can I be… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
My former employer has repeatedly contacted my current employer
My former employer has repeatedly contacted my current employer and prospective clients to complain about my attendance in networking functions. He classified me as an Independent Contractor and paid … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have a janitorial company in Arizona. I have always classified
I have a janitorial company in Arizona. I have always classified those that perform the cleaning for me as "independant contractors" They have a window of time to clean the location determined buy non… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
My husband and I own a dance studio. We have a dance instructor
My husband and I own a dance studio. We have a dance instructor (subcontractor) who is trying asking us to break the noncompete contract with him so he can start a studio in the same town as us. After… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
If I am told I am a 1099 independent contractor but I have
If I am told I am a 1099 independent contractor but I have to go to their corp. office for 1 week of training (no pay) and I have have to attend mandatory meetings every friday (no pay) is that legal?… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
If i am a 1099 employed independent contractor in the mortgage
If i am a 1099 employed independent contractor in the mortgage industry. Can my employer demand I sit at my desk 40 hours a week. Can my employer require me to complete a time card being a commision e… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
How I file a complaint to the georgia dept of labor stating
How I file a complaint to the georgia dept of labor stating that my contract with my boss classifies me as an employee, and not an independent contractor?… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers
Im in california and work as an independent technician installing
Im in california and work as an independent technician installing Directv, about a year ago they asked us to start working on major holidays (new year, july 4th, labor day, etc.), but they kept paying… read more
AlexLaw
AlexLaw
Doctoral Degree
140 satisfied customers
I recently started a job as a Sales person for a ...
I recently started a job as a Sales person for a Marketing company. I am a 1099 employee, but they have really rigid rules and criteria for when, what and how we are supposed to do our jobs. Since I a… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x