Comments on: AASM: Conspiring Renters

By: Tina

Tina — Mon, 24 Dec 2018 12:32:49 +0000

In reply to S*. This is an "Ask A Salon Manager" post, where readers email in questions that I answer for them here. While I've received a ton of emails about conspiring salon owners (because that kind of thing happens really, really often in our industry), none of them have asked to be featured in an article, lol. I'm sure at some point, someone will. Poaching of all kinds (both of renters and clients) is so common in our business, unfortunately.

By: S*

S* — Sun, 23 Dec 2018 21:44:38 +0000

What about conspiring business owners? You should cover that topic as well, maybe you already have.
I had a business owner/Esthi, neighbor, we literally shared a common wall, 2 steps from our facing front doors, solicit one of my renters behind my back, to come work for her on a commission basis, which we all know commission is illegal and a misclassification, among many other unscrupulous things she did over the course of a 4 year period. My renter told me she asked her not to tell me, like I wouldn’t find out, so deceitful and two faced. Eventually I moved my business to a new location, I knew the bs would continue so I made the move. Best move I ever made and I should have done it sooner. Unbelievable the dog eat dog, “you’ve got some big balls” ..girlfriend..
It’s a shame and so frustrating to have to tolerate and or deal with individuals who have no moral or ethical common compass or simply do not care about anyone but them self. I think there is word for that, narcissism.

By: Tina

Tina — Wed, 13 Jul 2016 18:46:33 +0000

In reply to Nick.

I’m in agreement. I feel like salon owners should be able to set standards for behavior and dress, but the IRS believes otherwise. Their position is understandable too, since allowing any control could cause considerable confusion. (“If I can tell them how to dress, surely I can tell them when to work and what to charge and how to do their jobs…”) So, I get both sides of the argument.

And you’re totally right, every single salon violates this, lol. They’re all being caught, though. It’s both fortunate and unfortunate–a lot of these owners didn’t know any better, but many of them did. It’s just shitty that the ones who were well-intentioned but ignorant are being penalized as harshly as the ones who took advantage.

By: Nick

Nick — Sat, 02 Jul 2016 23:04:03 +0000

In reply to Tina Alberino.

Comment: Wouldn’t dress code and general salon policies be similar to an HOA dictating the neighborhood rules? Or community rules for any apartment complex or office building? Music level, trash, where to park, etc. You can rent there if you agree to these and can be fined or evicted if not?

I don’t think these things infringe on any IRS employee/non-employee classifications. If so, every higher end rental salon I’ve seen violates this.

The commissioned independent contractors/employee boundaries are definitely being crossed in a ton of salons. It’s my understanding that it’s possible, but has to be very, very clearly an independent contractor and you’d have to really know the boundaries. But I honestly think, it’s because new owners typically have no idea what the laws are.

This site is great! I can’t believe this is the first time I’ve stumbled across it.

By: Tina Alberino

Tina Alberino — Wed, 12 Aug 2015 01:09:07 +0000

In reply to Jeri Wood.

Well, if the contract is month-to-month and a new one hasn’t been drafted, and under the original lease you were promised access 24/7, 365, then no. That’s a lease violation.

And the dress code thing constitutes an inappropriate degree of control, definitely. The IRS is very clear about that. As a self-employed person, you can’t be dictated to like that.

By: Jeri Wood

Jeri Wood — Sun, 09 Aug 2015 02:04:54 +0000

I rent a private room. We have a dress code of sorts no jeans except on Thursdays is this legal. My contract ran out almost a year ago and is now month to month. I have also been told I can not work on Sundays. I thought I was to have access 24/7 365. Please advise.