What are the laws in North Carolina for work without pay as a independent contractor?

I currently work as an independent contractor (1099) I provide beauty services at 50% commission. I have a set schedule where I provide work to clients at a by appointment basis. If my schedule is 10am-6pm and I only have clients from 12pm-4pm I come in at 12pm and leave at 4pm. Now I am getting told I have to stay for my entire shift and will not be getting compensated for my time sitting around doing nothing. Is this legal? I did not sign any kind of agreement stating I would do that. And if there are any legal documents stating this please link so I can show to my boss, thank you! 

10 Answers

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  • Eva
    Lv 7
    1 month ago

    If you are an independent contractor you set your own hours. If they are setting your hours and your pay rate, you are being treated as an employee and they are breaking the rules for independent contractor vs. employee. Here are the rules: https://www.irs.gov/businesses/small-businesses-se...

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  • In
    Lv 7
    1 month ago

    Contact the NC Department of Labor for a determination whether you are an employee or an independent contractor.  Having a set work location and a set work schedule appears to me that you are actually an employee and should be entitled everything covered under the Fair Labor Standards Act (FLSA).  Small employers frequently classify employees as independent contractors to try to evade tax and insurance liabilities.  I personally would suggest talking to other salon owners about moving yourself and your license elsewhere.  You might want to read through the attached links for more information. 

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  • 1 month ago

    You're not an independent contractor. 

    " I can show to my boss".  Independent contractors don't have a boss.

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  • 1 month ago

    FEDERAL law say.s the position you describe IS NOT an independant contractor. You are commission based EMPLOYEE.

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  • 1 month ago

    Under federal laws for independent contractors, the independent contractor must be independent in all areas, including hours worked. This is a field that is frequently abused.

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  • NA
    Lv 7
    1 month ago

    IRS rules.  From IRS audit guide. 

    Revenue Ruling 57-110, 1957-1 C.B. 329 Facts: Fixed weekly fee; owner furnished heat, light, water and supplies; barber provides own tools; barber sets own hours of work; and barber collects his own money and does not account to the salon owner for revenue earned. Determination: Independent contractor

    Revenue Ruling 70-488, 1970-2 C.B. 219 Facts: Barber is paid a percentage of the money from services performed; salon sets hours of work; required to wear a uniform. Determination: Employee

    Revenue Ruling 73-591, 1973-2 C.B. 337 Facts: Salon agrees to furnish, repair, and maintain all equipment; hair stylist is paid on a percentage of gross receipts; no credit work or free work can be done without the approval of the salon owner; working hours are set; hair stylist furnished a report each day to the owner reflecting the day's receipts. Determination: Employee

    Revenue Ruling 73-592, 1973-2 C.B. 338 Facts: Rents for a fixed monthly fee; the salon furnished heat, light, water, and supplies, hair stylist retains the money collected; hair stylist sets own hours of work. Determination: Independent Contractor

    • In
      Lv 7
      1 month agoReport

      Excellent answer.  TU.

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  • 1 month ago

    Shady and likely in violation of labor laws...good luck finding a chair elsewhere if you drop a dime on your current employer though.  

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  • 1 month ago

    If they require you to be there in their shop at certain hours, you are being treated as an employee. They are now dictating schedule. As a contractor, you do not have a "shift". They are starting down a path they wont' like.

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  • Bill
    Lv 6
    1 month ago

    If your contract doesn’t say you have to be there, you don’t have to be there. You are a contractor, not an employee.  Get your contract out and go over it with the boss. If he wants you there when you don’t have a customer, he should pay you for your time. 

    • Coffee Drinker
      Lv 7
      1 month agoReport

      OP says there was no contract. Probably just a handshake agreement. But even if there was a contract if it doesn't have a fixed duration then either party can terminate it at any time and demand new terms.

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  • A.J.
    Lv 7
    1 month ago

    North Carolina avoids specifics in their laws about Independent Contractors, and note this is in line with Republican vs Democrat political party thinking. This, from a law firm, discusses many details:

    https://www.smithlaw.com/media/alert/290_Independe...

    Requiring a schedule is in violation of common law for independent contractors.

    It tends to be allowed only if paid by the hour as a written contract you sign. There could be other provisions but under this premise you work independently.

    They can pay you for the hours AND a commission per client.

    I think they are in violation.

    Update add - Over half of hairstylists nationally are classified as Independent Contractors, and as a profession, 30% own their own business.

    NC Labor Rule

    https://www.labor.nc.gov/workplace-rights/employee...

    Do you have a written contract that you and owner signed?

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