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Beauty Shop Question Virginia

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  • Beauty Shop Question Virginia

    A familiy member is a licensed hair stylist. He is required to keep the shop open on the boss's days off to be there for his customers as well as walk-ins and those customers using the tanning beds. His only pay is a percentage of the actual heads he does in a day. Some days he has only one or two scheduled appts., but stays there alone for 10 hrs and does not get paid for keeping the shop open for tanning bed or walk-in customers. Is this normal for this industry?

  • #2
    I take it he's an employee and not an independent contractor? i.e., taxes are withheld from his pay?

    It's barely possible that this company MAY not be subject to the FLSA? How big of a company is it; single shop, franchise, large chain? If they don't have at least $500K in gross revenues, or they don't do ANY interstate commerce (which, although unlikely, is literally possible), they wouldn't qualify.
    Last edited by Pattymd; 07-24-2006, 10:51 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Yes He is an employee. It is an independant shop with only the owner and this one stylist and a teenager who washes hair the days the owner is there. I wouldn't have any idea the income but wouldn't imagine it to be 500k.

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      • #4
        Here's the criteria for coverage under the FLSA. If he's not covered under FLSA, they can pay him whatever he agrees to work for.
        http://www.dol.gov/esa/regs/compliance/whd/whdfs14.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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