|Factor to Consider
||Factor Weighs in Favor of Barber/Stylist Being “Employee”
||Factor Weighs in Favor of Barber/Stylist Being “Independent Contractor”
||Relative Weight Given To This Factor
|(1) Prices, Hours, & Other Policies
||Hair salon sets the prices, business hours, work schedules, dress code, policy for refunds or resolving customer complaints, and maintaining a selection of hair products to sell.
||Barber or stylist sets their own hours, prices, directly collects payment from their customers, directly schedules appointments with customers, and resolves customer complaints about their own services.
||The California labor department says this factor “carries great weight.”
|(2) Supervision on the Job
||The salon oversees the barber or stylist’s job performance; assigns clean-up activities; and determines which customers get assigned to which barber or stylist.
||The barber or stylist is not subject to performance reviews or required cleanup activities.
||The California labor department says this factor carries “great weight.”
||The salon requires the barber to attend classes or seminars.
||Trainings are made available, but the hair stylist is not required to attend.
||This factor carries “medium” weight.
||The hair stylist is required to attend staff meetings.
||The barber does not have to attend regular meetings.
||This factor is of “medium” importance.
|(5) Work Schedules
||The hair salon sets the barber’s work shift, schedules their appointments, and requires a full-time effort (such as 40 hours per week of work).
||The hair stylist is free to set their own hours, refuse appointments (or refer them to another stylist), and can choose to work less than a 40-hour week.
||Medium to high weight.
|(6) Location of Work
||The barber is not allowed to work at other salons. The salon holds the lease on the entire space and owns all the equipment.
||The hair stylist is free to provide services at other locations, subleases their chair and can sublet it to another stylist, and brings their own scissors, clippers, and other supplies.
||Medium to high weight.
|(7) Written Contract
||The agreement between the salon and stylist requires that the barber attempt to sell the salon’s products. The salon gets a flat amount for each hair cut the barber performs. And the contract provides a rental rate for the stylist’s chair, and the salon never assigns the stylist to work at a different chair, nor uses the stylists chair when they aren’t there.
||The stylist is not required to sell the salon’s hair or beauty products. The contract gives the salon a percentage of money from each hair cut, rather than a flat rate.
||The contract only provides for the salon terminating the barber. The contract says that the barber can be terminated without cause, which resembles an at-will employment relationship.
||Either the stylist or the salon can terminate the relationship.
||This factor carries “great weight.”
|(9) Engagement in a Distinct Business
||The hair stylist exclusively does business under the brand name of the salon.
||The barber separately advertises their services, and does business under their own name, rather than the salon’s brand.
|(10) Instrumentalities and Tools
||The salon provides all the equipment, such as clippers, shampoos, conditioners, hair dyes, rollers, and towels.
||The barber keeps and maintains his or her own major equipment. If using the salon’s products, such as shampoo or hair dye, the stylist pays the salon for the products they use.
||Medium to great weight.
|(11) Belief of the Parties
||The salon and barber believe that they are in an employment relationship.
||The salon and stylist believe that the hair stylist is an independent contractor.
||The California labor department stress that the belief of the parties about their status is “given low weight.”
|(12) Part of Regular Business
||The salon is regularly engaged in the business of cutting and styling hair.
||The salon is owned by a mall or other retail space provider, who leases individual chairs to barbers.