Chair Rent, Control, and a Minor Client
A stylist rents a chair for $1,200 per month. The owner sets her hours, sets her prices, requires her to attend weekly staff meetings, supplies all color, and keeps 60% of service revenue, yet calls her an "independent contractor." The stylist asks you, a fellow licensee, whether she can deduct mileage and her own tools and whether she must display her license. She also has a 16-year-old client scheduled for a double-process blonde without a parent present; the teen says her mother "doesn't care." Your state requires parental consent for chemical services on minors and requires that licenses be displayed.
1. Is the stylist properly classified as an independent contractor? Explain the factors you would consider.
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The facts point strongly toward employee status, not independent contractor. The owner controls her schedule, prices, meetings, and supplies, and keeps a majority of revenue, which indicates behavioral and financial control. A contract label does not determine classification; the actual working relationship does. Misclassification can affect taxes, workers' compensation, unemployment insurance, and liability. The stylist should not rely on the owner's label and should consult a state labor agency, accountant, or attorney before filing taxes or claiming deductions as if she were self-employed.
2. What should she know about license display and business deductions?
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Display the license as the state requires, typically at the station or in a conspicuous place, and keep it current. On deductions, the classification question comes first: an employee generally cannot deduct tools and mileage as business expenses the way a self-employed worker can. If she is ultimately determined to be an independent contractor, she should keep contemporaneous records of expenses and mileage. She should also confirm in writing who carries liability insurance and who is responsible for sanitation supplies and client records.
3. The 16-year-old client arrives without a parent. Do you proceed with the double-process blonde?
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No. Your state requires parental consent for chemical services on minors, and a double-process blonde is a high-risk chemical service. The teen's statement that her mother "doesn't care" is not consent. Verify the client's age, contact the parent or guardian, and obtain a signed consent form before any chemical service. If the parent cannot be reached, reschedule. Document the attempted contact and the decision. Proceeding without consent exposes the stylist and salon to licensing and liability consequences, regardless of how the client presents the situation.