Massages are quickly becoming more readily available, and not just a commodity offered at high-end spas. Salons are popping up everywhere, offering a wide array of massage types for every body type, from the expectant mother to the athletic dad.
The increase of places that offer these relaxing time-outs also means an influx of massage therapists; many of whom are hired on as independent contractors. While the opportunity is there for a licensed massage therapist to make good money, there is always the chance that a misclassification can occur.
When a Houston massage therapist is misclassified as an independent contractor in Texas, he or she could be missing out on hundreds of dollars in pay. According to the U.S. Department of Labor, there are strict guidelines in the way that an employer treats the worker if he or she decides to deem them an independent contractor. Not all employers are aware of these guidelines, and others choose to outright ignore them, for the sake of saving money on employment tax and overtime wages.
That is why the Houston overtime attorneys at Kennedy Hodges encourage all people working as independent contractors to learn their Texas rights under the Fair Labor Standards Act, so that they can recognize a problem or a misclassification, should it arise.
Some of most evident warning signs include:
- The salon insists on scheduling the massage therapist’s appointments with clients, which results in the salon dictating when the therapist should be at work. Under the FLSA, an independent contractor has the right to make his or her own hours and can come and go as they please.
- The salon prohibits the massage therapist from working at any other establishment. Independently contracted massage therapists in Houston and nationwide have the right to work for more than one employer, as long as they fulfill their contract.
- The salon requires each experienced massage therapist to train the newly hired therapists, and give them lessons on how the salon operates. While this might not seem like an inappropriate task to ask of an employee, it is actually not the responsibility of an independent contractor, and a clear sign that a misclassification is going on.
The misclassification of a Houston massage therapist can result in a lack of earned overtime pay and fair wages. If you feel that this is happening to you, contact the Houston overtime attorneys toll-free at 888.449.2068 for your free copy of Kennedy Hodges’ book, Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.