Marketing with Every Touch

Summertime is almost here. Every day I hear, see or smell something that reminds me of the warm days to come. From the aroma of honeysuckle blossoms to the sounds of frogs croaking at night to the many blossoms and baby veggies on my summer squash and zuchinni plants, the world around us is in full bloom. It’s an exciting time and one that I look forward to savoring year after year! Soon I’ll be making juicy BLTs with homegrown tomatoes - and wondering how life can possibly get any better than this.

• wear a specific uniform
• perform certain massage routines which we are trained on
• give a two week notice if we want to quit
• be reviewed every 3 to 6 months on our performance
• use the linens and lotions provided by the business
• use “approved” music for our session
• come in during shifts the business sets
• request vacation time a month in advance

From the research I’ve done, it seems as though we are being treated as employees. But, I wanted to check with someone who really understands the IC/employee world. As I said above, I would appreciate any advice you can give!

Dear MT IC -

Based on what you’ve told me it sounds like you are probably being treated more as an employee that as an IC. Typically employees are in less control than Independent Contractors in terms of determining their schedules, uniform, procedures, payment schedules, client contact and so on. However, you should look at the IRS guidelines for independent contractors to be more certain.  For help determining whether you are an independent contractor or employee, you can use IRS Form SS-8  or visit the IRS website at www.irs.gov.

It is also important to remember that just because ICs are “independent” it does not mean that they do not have to comply to some guidelines and procedures set forth by the place(s) they work. Many massage and spa businesses use an agreement of some kind that outlines the roles and responsibilities of independent contractors as well as details on how to receive payment for services rendered. But alas not all businesses provide clear agreements or follow the IRS guidelines properly.

So what to do?!  Well do you like your job? Do you want to continue seeing clients there? If so, you may want to present this information in a way that is helpful rather than threatening to your employer. Let them know you like being there and want to make sure they aren’t getting themselves in trouble for mis-classifying anyone as an IC who should be an employee. This could be tricky so think carefully – you don’t want to cause an unnecessary rift.

Next column…How to Make Follow Up Calls to Clients

Until then…Felicia

PS. A BIG THANK YOU to Massage Magazine for sponsoring me and several other instructors who are teaching at the 2010 World Massage Festival. This year’s event is being held in Berea, Kentucky and will run from June 17-20, 2010. I’ll be teaching three FREE classes on Friday the 18th including Smart Marketing with Social Media, Integrating the Spa Experience into Your Massage Practice and Massage Therapists and Day Spas: Creating Opportunities Together. Hope to see you in at least one of them!

Gosh I love spring time! It is so awesome to see the new flowers coming up in my yard, to get the vegetable garden set up and to enjoy some time outside. It is a really wonderful change after a long and unusually snowy winter here in NC. Hope you are enjoying the change of the season as much as I am:-)

Now a little about pay for independent contractors…

Hi Felicia -

I have worked as an independent contractor and love it too, except that I’ve had problems in a few places paying me in a reasonable time frame. I’ve been searching the Internet high and low to find out how long an employer has to pay his independent contractor. They have already been paid by the client, and are now telling me to wait 5 and half weeks before I get paid.  Is there a 30 day limit in which they have to pay, or any guide lines? 
 
Thank you

Anxiously Waiting

Dear A.W. -

Let me begin by saying that I am NOT an employment lawyer or in any way attempting to provide legal advice in this answer.

Similarly , as I am not sure what area you live in, I have no way of knowing the specific laws that govern your state in matters such as these. That being said I will give you my best answers based on some research I’ve done and past experiences.

In general, my feeling is that this is not the way it should be done whether it is legal or not. There should have been an agreement (written or oral) about how often you would be paid before you began working. If you have one anywhere, look back and see what the agreement or contract says.

If you are submitting invoices for the clients you’ve seen you should include a due date such as “Net 15″ or “due upon receipt.” If invoices go unpaid beyond a reasonable amount of time, you can take the company to small claims court to collect. However, this will most likely terminate the working relationship if you haven’t done so already.

If  the company has always paid you and it’s other contractors this way, it may just be their way of doing business. However, it it is a relatively new development there could be some cash flow issues in the business which could spell trouble for you and others in the near future.

Having just watched my husband go through an ugly dispute related to his pay – well lack of pay actually – for services provided as an independent contractor, I strongly suggest that anyone working in this fashion discuss and agree upon the exact payment terms with whoever is contracting them up front.

Then at the first sign of trouble (i.e. not getting paid when you are supposed to or checks bouncing) go right to the source -  whoever is writing the checks – to find out why the problem has occurred. From there use good judgement to determine if you should do any more work with the company or cut your losses and move on.

Next column…Is a Dual Licensure a Good Idea?

Until then -

Felicia