I'm an independent contractor and am expected to work without pay. Help.

Question

I am a licensed massage therapist with a business license, and work at a spa. The spa owner recently found an independent company to sell promotional packages that include massages for our spa. The therapists are not paid when the customer redeames their massage visits for their promo packages. There are 1000 being sold and a vast majority of the massages being done are from these promos. When another therapist asked the spa owner if she had an option not to do these massages without pay, the owner replied that there are other spa's she could work at- insinuating she would be fired.

Is this legal? How can I fight this without loosing my job?

Answer 1

As an independent contractor you are not employed by the spa and many of the employment laws that regard employees do not cover you. You conditions including pay are defined by your contract or sometimes referred to as terms of service with the spa. If it violates the terms of service you may have an action for breach of contract. Best thing to do is have an attorney review it and get their advice.

Answer 2

I don't mean to offend you, but is these for real?

As an independent contractor you can't get fired in the traditional sence of the word.  You just lose your contract.  But from the sound of things I don't believe you are even an idependent contractor in this case.  Even if you have business license.

It sounds more like you are an employee.  Your boss just designated you as idependent contrator to not  have to pay his share of YOUR social security and medicare tax.  He is also saving by not paying any workers insurance for you.  This is all against the law and you can report him.

He makes money on the back end of the deals with those "free" customers.  Yes he is making money off of you guys and he is making it seem like nobody is profiting from those "promos."  Please dont be dumb. Either report this or quit.

and please, never accept a conract where you get nothing and the other party gets all the benefit.

hope this helps.

He gives you just enough paying customers to keep you there.  Him and that independet company have figured out a way to make money of you guys...you should all get together and revolt.

all you guys, as independent contractors, should renegotiate your contract and stipulate that you will get paid $50 (or more) per massage wether its a promo customer or not.

Answer 3

That is wrong and illegal If they wan to do that . They still have to pay you for work done no matter what