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	Comments on: Dynamex and the ABC Test: What California Salon Owners Need to Know	</title>
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	<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html</link>
	<description>Backstabbing, bitchfits, and Botox...there&#039;s no business like the beauty business.</description>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34684</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Tue, 14 Jan 2020 15:50:24 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-34684</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34669&quot;&gt;Laurie Burney&lt;/a&gt;.

Commercial landlords have the right to set facility operational hours, and require their tenants to conduct business within those time frames. For instance, shopping malls do the same. While I know it isn&#039;t common practice any longer, some malls actually went further by requiring their tenant businesses to be open and operational on the days they specified. If a salon landlord were to dictate your operational days/hours by requiring you to be operational certain days/times, that would be an overstep, but it&#039;s extremely typical (and legal) for the salon landlord to set facility operational hours and prohibit tenants from working outside of them. There are several reasons why salon landlords may do this, but typically, it has to do with liability and/or the landlord&#039;s own lease restrictions. The owners/property managers of the facility your landlord leases may not allow businesses to be open past a certain time, but the salon landlord may also not be comfortable knowing people are in the building after dark, with nobody else there.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34669">Laurie Burney</a>.</p>
<p>Commercial landlords have the right to set facility operational hours, and require their tenants to conduct business within those time frames. For instance, shopping malls do the same. While I know it isn&#8217;t common practice any longer, some malls actually went further by requiring their tenant businesses to be open and operational on the days they specified. If a salon landlord were to dictate your operational days/hours by requiring you to be operational certain days/times, that would be an overstep, but it&#8217;s extremely typical (and legal) for the salon landlord to set facility operational hours and prohibit tenants from working outside of them. There are several reasons why salon landlords may do this, but typically, it has to do with liability and/or the landlord&#8217;s own lease restrictions. The owners/property managers of the facility your landlord leases may not allow businesses to be open past a certain time, but the salon landlord may also not be comfortable knowing people are in the building after dark, with nobody else there.</p>
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		<title>
		By: Laurie Burney		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34669</link>

		<dc:creator><![CDATA[Laurie Burney]]></dc:creator>
		<pubDate>Mon, 13 Jan 2020 17:39:45 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-34669</guid>

					<description><![CDATA[So I am a booth renter.   I rent a space in a salon (like I rent my apartment).  The salon property owner is imparting days and times the salon is open or closed in her lease agreement.   Isn&#039;t that controlling how I work?   Especially if a day I work is now considered one of the &quot;closed&quot; days and the salon property owner no longer wants anyone working when the salon is &quot;closed&quot;.  

I rent my apartment 7 days a week whether I&#039;m there or not.   My landlord doesn&#039;t &quot;close&quot; my apartment for thre weekend .]]></description>
			<content:encoded><![CDATA[<p>So I am a booth renter.   I rent a space in a salon (like I rent my apartment).  The salon property owner is imparting days and times the salon is open or closed in her lease agreement.   Isn&#8217;t that controlling how I work?   Especially if a day I work is now considered one of the &#8220;closed&#8221; days and the salon property owner no longer wants anyone working when the salon is &#8220;closed&#8221;.  </p>
<p>I rent my apartment 7 days a week whether I&#8217;m there or not.   My landlord doesn&#8217;t &#8220;close&#8221; my apartment for thre weekend .</p>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34501</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Wed, 01 Jan 2020 14:41:53 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-34501</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34491&quot;&gt;Victoria&lt;/a&gt;.

I&#039;ve been studying to become an EA for the last year. I just passed the first exam in August and plan to take part 2 in the spring. The weirdest thing for me is that the IRS is really clear on what separates an independent contractor from a separate business entity, the state of California mixes the two definitions and uses them interchangeably. In the absence of a work agreement, a self-employed business owner is just that--but not according to the state of California, where an &quot;independent contractor&quot; is no different from any other self-employed business owner. It&#039;s obnoxious and unnecessarily confuses the issue, which likely led to the problems they&#039;re having in the first place, lol.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34491">Victoria</a>.</p>
<p>I&#8217;ve been studying to become an EA for the last year. I just passed the first exam in August and plan to take part 2 in the spring. The weirdest thing for me is that the IRS is really clear on what separates an independent contractor from a separate business entity, the state of California mixes the two definitions and uses them interchangeably. In the absence of a work agreement, a self-employed business owner is just that&#8211;but not according to the state of California, where an &#8220;independent contractor&#8221; is no different from any other self-employed business owner. It&#8217;s obnoxious and unnecessarily confuses the issue, which likely led to the problems they&#8217;re having in the first place, lol.</p>
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		<title>
		By: Victoria		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34491</link>

		<dc:creator><![CDATA[Victoria]]></dc:creator>
		<pubDate>Wed, 01 Jan 2020 00:48:50 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-34491</guid>

					<description><![CDATA[Tina,
I&#039;m an Enrolled Agent (tax preparer).  Thank you for the very concise article regarding how AB5 affects this industry.  I have several hairdresser, and one salon owner as clients, and this affects both sides.  I was in a seminar at the beginning of December that made it sound like the self employed hairdresser  would no longer exist under this new law.  You have a  very well thought out argument regarding an &quot;independent contractor&quot; vs a &quot;renter&quot;.  I will speak with all of my clients that I believe to be affected by this and in particular my salon owner, to verify that they are indeed landlords and renters.
That being said, I will in return say that though I feel that you argument could be used to argued why a hair stylist is still a self employed renter, and not an independent contractor, it has not yet been challenged in court and may not stand up.  Courts are funny that way.]]></description>
			<content:encoded><![CDATA[<p>Tina,<br />
I&#8217;m an Enrolled Agent (tax preparer).  Thank you for the very concise article regarding how AB5 affects this industry.  I have several hairdresser, and one salon owner as clients, and this affects both sides.  I was in a seminar at the beginning of December that made it sound like the self employed hairdresser  would no longer exist under this new law.  You have a  very well thought out argument regarding an &#8220;independent contractor&#8221; vs a &#8220;renter&#8221;.  I will speak with all of my clients that I believe to be affected by this and in particular my salon owner, to verify that they are indeed landlords and renters.<br />
That being said, I will in return say that though I feel that you argument could be used to argued why a hair stylist is still a self employed renter, and not an independent contractor, it has not yet been challenged in court and may not stand up.  Courts are funny that way.</p>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34361</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Mon, 23 Dec 2019 16:54:11 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-34361</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34332&quot;&gt;Samantha Gingham&lt;/a&gt;.

Unfortunately, there&#039;s no grace period. The law is being applied retroactively, as this wasn&#039;t new legislation but a clarification of existing legislation. Basically, it&#039;s California&#039;s stance that employers should have already been in compliance. Since so many people were not, they revised and simplified the law to prevent violations in the future. That doesn&#039;t benefit anyone who was already in violation.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34332">Samantha Gingham</a>.</p>
<p>Unfortunately, there&#8217;s no grace period. The law is being applied retroactively, as this wasn&#8217;t new legislation but a clarification of existing legislation. Basically, it&#8217;s California&#8217;s stance that employers should have already been in compliance. Since so many people were not, they revised and simplified the law to prevent violations in the future. That doesn&#8217;t benefit anyone who was already in violation.</p>
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		<title>
		By: Samantha Gingham		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34332</link>

		<dc:creator><![CDATA[Samantha Gingham]]></dc:creator>
		<pubDate>Sun, 22 Dec 2019 03:15:27 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-34332</guid>

					<description><![CDATA[Hi Tina. My lease is up in 6 months, but I found a buyer for my salon and may possibly be released from my lease obligation early.  I have both commission stylists (3) and booth renters (4) in my salon.  Is there any sort of grace period for this law?  It would be counterproductive at this point to try to change my commission stylists to booth rent.  Two of them are ready to retire and will give me hell if I tell them they have to be booth renters until they choose to leave.   I don&#039;t have the energy left to make these sorts of changes this close to the end of my lease.]]></description>
			<content:encoded><![CDATA[<p>Hi Tina. My lease is up in 6 months, but I found a buyer for my salon and may possibly be released from my lease obligation early.  I have both commission stylists (3) and booth renters (4) in my salon.  Is there any sort of grace period for this law?  It would be counterproductive at this point to try to change my commission stylists to booth rent.  Two of them are ready to retire and will give me hell if I tell them they have to be booth renters until they choose to leave.   I don&#8217;t have the energy left to make these sorts of changes this close to the end of my lease.</p>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34241</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Wed, 18 Dec 2019 00:38:30 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-34241</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34117&quot;&gt;Eugene Mejia&lt;/a&gt;.

I&#039;m not sure I understand what you&#039;re asking, but if you&#039;re wondering whether you have to pay your rental salon from your stylist business--that&#039;s a personal choice. I would, but I prefer to keep my businesses separate entities.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34117">Eugene Mejia</a>.</p>
<p>I&#8217;m not sure I understand what you&#8217;re asking, but if you&#8217;re wondering whether you have to pay your rental salon from your stylist business&#8211;that&#8217;s a personal choice. I would, but I prefer to keep my businesses separate entities.</p>
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		<title>
		By: Eugene Mejia		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-34117</link>

		<dc:creator><![CDATA[Eugene Mejia]]></dc:creator>
		<pubDate>Mon, 09 Dec 2019 21:32:14 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-34117</guid>

					<description><![CDATA[If I am an Scorp do I have to pay the corp as a stylist for booth rental?]]></description>
			<content:encoded><![CDATA[<p>If I am an Scorp do I have to pay the corp as a stylist for booth rental?</p>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-33963</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Sat, 30 Nov 2019 13:34:49 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-33963</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-33847&quot;&gt;TI&lt;/a&gt;.

If you were in any other state, I&#039;d say yes. However, California is an exception. I&#039;d recommend speaking with an employment law attorney before implementing any incentive program like this for renters, as you&#039;re essentially creating a system that resembles a quota. Personally, I think it&#039;s clear that it isn&#039;t (since there is no &quot;or else&quot;), but the state may see it differently. They really want to create a clear and distinct separation between the renters and the landlords they rent from, which is understandable given the amount of abuse present in rental salons.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-33847">TI</a>.</p>
<p>If you were in any other state, I&#8217;d say yes. However, California is an exception. I&#8217;d recommend speaking with an employment law attorney before implementing any incentive program like this for renters, as you&#8217;re essentially creating a system that resembles a quota. Personally, I think it&#8217;s clear that it isn&#8217;t (since there is no &#8220;or else&#8221;), but the state may see it differently. They really want to create a clear and distinct separation between the renters and the landlords they rent from, which is understandable given the amount of abuse present in rental salons.</p>
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		<title>
		By: TI		</title>
		<link>https://thisuglybeautybusiness.com/2018/09/dynamex-and-the-abc-test-what-california-salon-owners-need-to-know.html#comment-33847</link>

		<dc:creator><![CDATA[TI]]></dc:creator>
		<pubDate>Tue, 19 Nov 2019 07:46:42 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=11211#comment-33847</guid>

					<description><![CDATA[Hi Tina, I would like some clarification if you can help me. Can booth renters receive a commission for selling retail, or is there a legal way to incentivize stylists to sell retail? Like... if you sell x amount in retail, the stylist receives (or is awarded) one of the retail products to use on their clients? 
Thanks so much for your help!]]></description>
			<content:encoded><![CDATA[<p>Hi Tina, I would like some clarification if you can help me. Can booth renters receive a commission for selling retail, or is there a legal way to incentivize stylists to sell retail? Like&#8230; if you sell x amount in retail, the stylist receives (or is awarded) one of the retail products to use on their clients?<br />
Thanks so much for your help!</p>
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