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Employment Law/Florida Hairstylist


I'm a hair stylist in Florida. I have worked at the same salon for over a year and am only paid 45% commission for services rendered and receive no additional income for other required duties (reception, bathroom, garbage and etc). I have went back over my pay stubs and realized I am not even making minimum wage on most of them. I read in one of your responses that even hair stylists working on commission must earn what is equal to minimum wage. Do you know where I can find official documentation of this, specific to cosmetology professionals?

Also, I am trying to figure out how tips enter into the picture. I understand that restaurant wait staff get paid a substandard wage, then tips make up the remainder of their earnings. It is only when those tips do not equal federal or state mandated minimum wage that their employer has to make up the difference. Do commission-based employees, who also make tips, fall in the same category?

I was also under the impression that salon owners had to provide the supplies that I work with on a daily basis. However, I have had to purchase my own hair spray, gel, moose, etc.., all they provide is Barbercide for my station and shampoo/conditioner for the back-bar.

Thanks in advance

Misty - I apologize for the delay in responding.  I've moved from our home of 27 years, and am still getting unpacked in the new house.

You need to write back and let me know whether you are an employee or an independent contractor.  If the owner takes out and pays taxes for you from your income, you are an employee.  It also matters whether she sets your schedule, whether you work elsewhere and who schedules your appointments.

Let me know and I'll be able to answer your question.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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