Well, I gave that scenario a try once actually. And the IC in question did, 
indeed, decide to spend less and less time at the salon. Finally, she just flat 
out disappeared it seemed.
 
The bigger issue was that she had gone to school (for her manicuring license) 
with my Mom, so instead of ever calling ME to tell me things like "my kid is 
sick" or "we're moving" or "I smashed my finger" she'd call my MOM. Except-- 
HELLO-- MOM didn't own the salon!
 
So after she'd been gone for 2 weeks and I had no way to contact her because 
she had moved and changed her phone number-- I was just about to sell her 
belongings. She had her manicuring desk, equipment and product still at my 
salon. And I had the locks changed to the salon. You don't get to vanish 
without contact for 2 weeks and still have a key to my business! -- Honestly I 
am AMAZED at how many salon owners NEVER change their locks or delete codes for 
the alarm system when an IC or renter leaves! 
 
Anyway. In my case, the woman did call me eventually and I just asked her when 
she was gonig to pick up her stuff. Unfortunately, that phone call ended up 
feeling a lot like breaking up with a boyfriend-- with her on the other end 
begging for a second chance. She just didn't seem to understand that even 
though this is a fun job, it's still a job and that by being MIA for 2 weeks 
without contacting me she'd burned a bridge. That was UNcool.
 
But that's the risk I took, that's the risk any salon owner takes whether you 
hire on commission, or booth rent. You know how many renters disappear without 
paying rent? Too many owners let their workers slide too long. You have to have 
the moxie to change those locks and terminate the relationship when the worker 
breeches her contract.


Maggie Franklin: Attitudes Salon; Visalia, CA
"Visionary rebel dreamer; obviously way ahead of my time."
Maggie's Website
Maggie's Blog
Maggie Rants [and Raves] 
Myspace
Facebook



--- On Mon, 7/6/09, Angela R Wingerter <[email protected]> wrote:


From: Angela R Wingerter <[email protected]>
Subject: NailTech:: Re: taxes/ independent contractor
To: [email protected]
Date: Monday, July 6, 2009, 11:12 AM







If I were the salon owner and someone wanted to rent on a commision basis this 
would be my concern...You cannot tell a booth renter that he/she has to be at 
work or work x amount of hours so if the booth renter didn't want to come to 
work and make money, you as the salon owner would be screwed, and the booth 
renter would be taking up space in your salon that you could be renting to 
someone else. The booth renter is also not making money but is not out any 
money either. How would you handle that situation?
 
Angie Wingerter






From: Maggie in Visalia <[email protected]>
To: [email protected]
Sent: Sunday, July 5, 2009 10:30:26 PM
Subject: NailTech:: Re: taxes/ independent contractor






The IRS looks at more issues than just who pays whom. That argument aside:
 
A. I sure as heck would hope that the IC would be getting receipts for ALL 
monies paid to the salon owner-- including what goes to the receptionist! So 
that she can write off all those fees.
 
B. My concern is how the salon works it so they collect money for the 
receptionist fees, without making the receptionist an employee of each IC? Cuz 
that would result in the IC's being responsible for withholding taxes, paying 
into unemployment and workers comp. What a mess!
 
I wish Nails and Nailpro would put ALL their articles that they have ever 
published into a searchable database so that I could go to their website, type 
in "IC vs renter" or "worker status" or "contracts" and dig up those dang 
articles I read a few years ago all about the different types of rental 
agreements that you're likely to come up against if you open a salon-- cuz 
there's one that takes a percentage of your gross receipts. Which, according to 
some of our aguments, would result in the salon owner becoming an employee of 
the landlord. (hrmph)
 
Also... there was an article about how you needed to work it if a booth rent 
salon decided to hire a receptionist-- which I recall being very much along the 
lines of what we're hearing here. Each person has to contribute seperately to a 
fund, it shouldn't be part of the rent/commission.
 
*Sigh*
 
I have to go make dinner.


Maggie Franklin: Attitudes Salon; Visalia, CA
"Visionary rebel dreamer; obviously way ahead of my time."
Maggie's Website
Maggie's Blog
Maggie Rants [and Raves] 
Myspace
Facebook



--- On Sun, 7/5/09, [email protected] <[email protected]> 
wrote:


From: [email protected] <[email protected]>
Subject: NailTech:: Re: taxes/ independent contractor
To: "NailTech Group" <[email protected]>
Date: Sunday, July 5, 2009, 12:03 PM


Well, I have paid "booth rent" on a commission basis.... Like 65-70%...was 
mine... BUT the terminolgy matters here.

I paid the salon owner the 30-35% --which was my booth rent.  But, at the same 
time, I contracted an agreement, (albeit verbally), that I paid 35% of all 
SALES, (which includes SERVICES... NOT TIPS or RETAIL), up to whatever 
boothrent amount would be--- say, for argument's sake: $100.  So, in other 
words, if the 35% worked out to be more than $100, $100 (booth rent) is all I 
paid.

This type agreement works for someone just starting in a new location and 
trying to get established... And you can still retain IC description.

HOWEVER...

If the salon owner is collecting ALL monies and issuing a check to said nail 
tech-- whether it is an hourly rate or some agreed-upon percentage, that tech 
is STILL an employee!

And to color it any other way is illegal-- depending on state law, of 
course.....

JMHO

Melody Montgomery


Sent from my BlackBerry® wireless device from U.S. Cellular

-----Original Message-----
From: Diana Bonn <[email protected]>

Date: Sun, 05 Jul 2009 12:43:50 
To: <[email protected]>
Subject: NailTech:: Re: taxes/ independent contractor



WOW, Lynnette, that is a good question.

Well we do know that the owner will write that one off, because the 
owner is paying the receptionist.  So got that one.

I am thinking, we don't have the details, but sounds like the owner 
will be collecting the service dollars, paying the i/c a check and 
probably a line item of subtracting the cost of the receptionist.

The other I/C's, not new one, I wonder if they write a check to the 
owners or a check is cut.  If the i/c's write a check, they would 
write the receptionist fee off on their taxes.

But in this case of a new I/C, them paying her a comm and a 
receptionist fee, I am guessing they will cut her a check.  How would 
the new I/C write this receptionist fee off if she never received the 
service dollar?

Actually if you think about it, if she is receiving a commission of 
65% plus the fee, then you could think of it not as 65% commission, 
but a lower percentage, maybe 63 or 64% commission.

In other words, we will pay you 65% commission but you have to pay a 
receptionist fee, or we will pay you 63% commission and that includes 
a receptionist fee!! (numbers are estimates guys)

Wow, mind boggling, I just don't know.  I would guess no she can't 
write this off, but I am not an accountant.  Good question.  diana from indiana


At 11:14 AM 7/5/2009, you wrote:
>Diana,
>Great points as usual!  You made me think of this-- if the owner 
>takes $100 a month to pay the receptionist, who is claiming that? 
>How does THAT work?
>In this techs situation, there are way too many red flags......
>Buenos dias,
>Lynnette
>Sent via BlackBerry from T-Mobile












      
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