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Employment Law/Employee v. Independent Contractor


Hello Margaret,

I have been working as a hair stylist in a salon for four years, two of which I was considered to be an employee and two as an independent contractor. I make a commission of 50% on everything (except chemical service) in which I recieve a check each week and do not bookeep, set my own prices, make my own hours, purchase my own product, or pay booth rent. Nothing has changed since being considered an employee. I do not believe that I am an independent contractor but was required to file a 1099 the last two years. Please provide advice regarding what I should do and who to consult regarding the matter.

Thank You

Tiffany - You are probably an employee, based on your description of the job circumstances.   You could contact either your Michigan labor department or the federal Department of Labor and ask for their assistance in establishing your rights as an employee. Good luck.

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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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