1099, Teeth Whitening, and a Fifteen-Year-Old
A 19-year-old newly licensed cosmetologist is offered space at a salon for $250 per week. The owner says she will be paid on a 1099, must follow the salon's price list, must wear the salon's uniform, must accept any client the front desk books for her, and cannot work at another salon. She supplies her own shears and color; the salon provides towels, bowls, and back-bar products. The owner also asks her to add "teeth whitening with an LED light" and "a 40% TCA peel" to her menu because "the esthetician is out this week." A 15-year-old then arrives alone for a double-process blonde and says her mother "doesn't care."
1. How should the cosmetologist think about the 1099 label, and what should she verify before signing?
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A 1099 does not decide the relationship; control does. Look at the facts the salon has created:
- The salon sets her prices.
- The salon requires a uniform and exclusivity.
- The salon assigns clients she cannot refuse.
- The salon supplies the back bar and the room.
Those point toward employee status under the usual behavioral, financial, and relationship tests. Misclassification carries exposure for payroll taxes, unemployment, and workers' compensation, and a misclassified worker can be left without coverage after an injury. She should get the agreement in writing, ask how taxes and insurance are handled, and get advice before signing rather than after.
Separately, verify the salon holds a current salon license and that her own license is current and posted as required, and confirm with the Board what the arrangement requires. Tax status and licensing are two different questions, and she needs both answered.
2. The owner wants teeth whitening and a 40% TCA peel on the menu. What is the answer?
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Both are outside the cosmetology license, and the answer is no regardless of who is out sick.
- Teeth whitening is the practice of dentistry. Applying bleaching agents and lights to teeth is not in the cosmetology scope.
- A 40% TCA peel is a medium-depth chemical peel - a medical procedure, not an esthetics or cosmetology service at that strength, and not something an unsupervised cosmetologist performs even if an esthetician license were in play.
Say it once, clearly: "I'm not licensed for either, and doing them would put my license and the salon's at risk." Offer to help the owner find a licensed provider or post a referral instead.
If the owner pressures her, document the request and the refusal in writing. Working outside scope is a license-level violation, and "the owner told me to" is not a defense.
3. How should the 15-year-old's request be handled?
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A double-process blonde on a minor is a high-liability, high-damage service, and a minor cannot enter a binding service contract on her own - so parental consent is required, not optional.
Steps:
- Do not start the service. Call the number on file and speak with a parent or guardian.
- Obtain written consent, signed by the parent, for the specific chemical service; many salons require the parent present for a first color or lightening service on a minor.
- Assess the hair and scalp as you would for any client - a strand test is still required, and the answer may still be no.
- If no parent can be reached, reschedule. "She said it was fine" is not consent.
Document the call, who gave consent, and the time. If the parent later disputes the service, the record is the salon's defense.