Is this independent contractor set up normal/legal/fair?

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Is this independent contractor set up normal/legal/fair?

Postby ShantiLove on Sun Feb 05, 2012 7:53 pm

I just got my first job as a massage therapist working at a busy integrative health center. There is a wellness dept which includes acupuncture, chiropractic and massage therapy- and the other half of the business is fitness including personal training, group classes and group training. All people who work there are independent contractors- even the receptionists. I work as both a receptionist and an MT. I clock in when I do receptionist work and then get paid per hour - no taxes taken out.

I tell them what shifts I am available and they mark my availability down in the computer and book me massages. I do massages and get a percentage cut of the massage- currently I get paid $35/hour for a swedish, and to upgrade to deep tissue is 10 extra. I do a large percentage of discounted massages though since I'm new- so most of my massages I get a discounted rate cut that is only $18.

In the contract I signed it says that I must attend the team meetings (one hour once a month) and also have to attend the receptionist meeting (45 minutes once a month), I also have to put in 6 hours per pay period (2 weeks) towards doing team related stuff like folding sheets and filling up water jugs and stuff that the interns usually do.

I feel like I should be an employee and get paid for meetings and get health insurance because I'm pretty much being told when to work even though I tell them my availability... I just feel like I work my ass off and I still only get paid like $3-400/week for doing 12-20 massages...
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Re: Is this independent contractor set up normal/legal/fair?

Postby athletica on Sun Feb 05, 2012 9:25 pm

Are patients re-booking after the discounted massages?

If they are then I would probably be patient and let your client list grow. If the anwser is NO then I would tell the clinic your not interested in doing discounted treatments.

I think you have to take a closer look at how the clinic operates. I've seen too many clinics use certain healthcare providers as 'pawns' to provide a service that benefits the clients but is not beneficial for the massage therapist, trainer, etc.
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Re: Is this independent contractor set up normal/legal/fair?

Postby RelaxandRejuvenate on Mon Feb 06, 2012 10:41 am

Your duties/job description makes you an employee by any reasonable measure, not an IC.

Nonetheless, there is no law anywhere in the country that states -- even as an employee -- you must be paid an hourly rate for your time on property.

Your total compensation (which includes tips in most states) must equal or exceed Minimum Wage for your state * Hours at the job site. how they get there is between you and them, but that is their only legal responsibility to any employee.
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