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:
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