So I recently got a new job working in a nail salon as a independent contractor. I have a 1099 and I’ve been working in the business for about 4 years, but I’m young and I lack a lot of the behind the scenes knowledge when it comes to drafting contracts. I just put in what I want and usually I have no problem getting an employer to agree with my terms. This new salon I’m in, I’ve only been working for 2 months and it’s seems everything has gone to shit very quickly.
My boss recently sent out a group email to everyone who is being contracted by them and stated that our contract would be revised and we had until the end of tomorrow (8/22) to sign it, notarize it and give it back to them. The problem is the new “rules” they are implementing seem very sketchy to me and it doesn’t seem quite legal. First rule change was all days that you do not provide a doctor’s note or well enough reasoning as to why you missed a day, you will be penalized. That penalty is 2.5% taken away from your overall commission. I make 65% if I missed 2 days I would only be paid 60% of all work I do for the rest of the week. I would like to add my current contract does not state I need to be at the shop everyday it’s opened.
Other infractions (which the new contract will state) will be a 1% deduction, their example was not properly cleaning, being late to work without a good enough reason, etc.
I’ve tried searching several legal websites for answers to see if this is even possible. Not the missed days part, but for the pay deduction. I’m commission based, not salary. I supply majority of my tools aside from the pedicure products they contracted me to use under their business name. I can totally understand having to deduct pay for bad services, but not for being late.
Does this make me an employee or an independent contractor if I sign this new contract?