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  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Default Independent Contractor Not Allowed to Set Own Hours

    My question involves employment and labor law for the state of: MA
    I am a massage therapist and I just quit my job at a Spa where I was hired as an independent contractor. I'm looking for advice on my situation. I was hired as an IC but I was not allowed to make my own hours. I was forced to be there when I didn't have clients. The spa had no breakroom, we weren't allowed to see the appointment book, answer the telephone, or know our client schedule ahead of time. I know that thats not legal but I would like to know what steps I can take to stop this business from doing this to other people. They have therapists practicing without licenses and doing things they aren't certified for. It has caused me a lot of stress and confusion and pretty much ruined my outlook on my profession. If anyone can offer advice I would greatly appreciate it. Thanks!

  2. #2
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Legal or Illegal

    You may or may not have been correctly classified as an IC, although there are circumstances under which you could have been.
    http://www.irs.gov/pub/irs-pdf/p1779.pdf

    However, until that is determined, there is nothing YOU can do to make sure this doesn't happen to other people. If YOU think you have been misclassified and want to file a wage claim for violation of MW or OT, you can do that; maybe it works and maybe it doesn't. And if it does, maybe the AG's office does a full-blown audit of the company and maybe it doesn't.

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