Independent Contractor Lease Agreement

What is the name of your state? Texas

My daughter is a cosmetologist. She has been working for this one Stylist for a little over a year. At the beginning of her employment she signed a contract (Independent Contractor Lease Agreement) this included a Pay Scale that she is being payed by at this time. A meeting was called by the Corporation and a new contract handed out today. This included a new pay scale which will be a cut in pay. They were also informed that they would be fired if they did not have this new contract turned in by 5:00pm today. My question is can this be done and how can they cut pay if you have already signed a contract with a different pay scale. That is basically the only change in the contract.

pjsmoot said:

What is the name of your state? Texas

My daughter is a cosmetologist. She has been working for this one Stylist for a little over a year. At the beginning of her employment she signed a contract (Independent Contractor Lease Agreement) this included a Pay Scale that she is being payed by at this time. A meeting was called by the Corporation and a new contract handed out today. This included a new pay scale which will be a cut in pay. They were also informed that they would be fired if they did not have this new contract turned in by 5:00pm today. My question is can this be done and how can they cut pay if you have already signed a contract with a different pay scale. That is basically the only change in the contract.

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My response:

While it would be best if I could read the current and the new contracts, let me ask - -

What is the date of termination of the current contract?

The factors to be considered whether or not she's an independent contractor or an employee include:

-- the hiring party's right to control the manner and means by which the product is accomplished (the most important factor);

-- the skill required;

-- the source of the instrumentalities and tools;

-- the location of the work;

-- the duration of the relationship between the parties;

-- whether the hiring party has the right to assign additional projects to the hired party;

-- the extent of the hired party's discretion over when and how long to work;

-- the method of payment;

-- the hired party's role in hiring and paying assistants;

-- whether the work is part of the regular business of the hiring party;

-- whether the hiring party is in business;

-- the provision of employee benefits; and

-- the tax treatment of the hired party. [Community for Creative Non-Violence v. Reid (1989) 490 U.S. 730, 740-741, 109 S.Ct. 2166, 2178]



IAAL

I do something about independant contractors...

Basically you are an employee if they supply everything and expect you to be at work at a given time.

But if its your tools, and you have the right to work for other people then you are independant.

For instance If she has no booked appointments for a wednesday, does he force her to come in anyway? Then she could be considered an employee.

Also right now here in new York City the newspapers are LOADED with hair cutting jobs...of course most likley you rent the chair and you get your own clients, or take whatever walkins there are.