A local salon contacted me about working as a massage therapist in one of their exclusive locations downtown. The owner wants to hire me as an independent contractor, but said that I must be at the salon Monday through Friday from 9am to 5pm, in case walk-ins want to add a massage on to their regular services. I was also told that I would be paid hourly for my time there. If this is the case, can they still deem me an independent contractor?

 

A: This agreement sounds more like an employer/employee relationship than that of a business owner and independent contractor. As Houston overtime attorneys who handle similar situations on a daily basis, we can say that you would probably miss out on fair wages if you agreed to their offer. 

Independent contractors in Houston, even those who are licensed massage therapists, reserve the right to make their own hours. For example, perhaps you set up a contract with the salon to perform ten massages per week. You have the freedom to make your own appointments with the clients, but you would be using your own massage oils and equipment. The salon would pay you after you fulfill the contract, at the time and rate you agree upon beforehand. 

If the salon owner insists on enforcing the rules and regulations you mentioned above, then he or she must hire you as an hourly employee, as mandated by the Fair Labor Standards Act. If they are not willing to hire you, then you should change the terms of the contract—or better yet, have an attorney review your documents before accepting the job. 

Contact the lawyers at Kennedy Hodges if you feel like you are a misclassified independent contractor in Texas working as a Houston massage therapist. They will provide you with a free copy of their book, Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim, when you call 888.449.2068 or fill out the online form.