How do know if I am an employee or an independent contractor?

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How do know if I am an employee or an independent contractor?

I work as a stylist in a retirement home. I am paid commission for the services provided. My checks are 50% of the services performed and tips. No withholding or social security taxes are withheld. The owner will not allow me to pay rent, although a nail tech does so. No product is provided by me. I do not set my own appointments. My hours are set by the owner.

Asked on January 25, 2012 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can find the tests or criteria for when someone is an independent contractor or employee on the Dept. of Labor (DOL) website. In brief, and to oversimplify, an independent contractor is *independent*, at least to some degree. He or she generally sets own hours; determines how the work is done; does own marketing or business development; often (but not necessarily) has more than one client or "employer"; provides own tools and training; pays own expenses. From what you write--no control over hours or appointmentsl; don't pay rent--you may be an employee, not independent contractor, which means you should be paid like an employee, too.


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