One of my concerns in the massage profession is the way massage therapists are treated by employers and also figuring out what is the appropriate status for a massage employee. Most massage therapists work as independent or subcontractor status which is basically saying that you are self employed.  It is my personal belief from the research I have done through the years that most are being hired as subcontractors when they should really be full employees with full employee benefits.  I have yet to find a concrete legal reference and there is a lot of conflicting information. After talking to and reading many questions from massage therapists there is not of course one clear answer. Figuring it out is actually the responsibility of the employer because they are the ones who will be hit with back taxes and penalties.
There are many different criteria for figuring out your own status and I have a bunch more info on my regular blog citing articles online from many different sources -www.thebodyworker.com
There is the legal aspects of this that are important not only for who pays taxes but the legal aspects also fold into the ethical aspects – do you want to work for someone who may be taking advantage of you?  It will not only come out in how you are paid but also how much you are paid. It will show up in how you get along with the person who hires you and the company itself.  Ethically speaking you want a nice place to work and one that also respects you and makes you a part of the team.
If anyone has any other legal references let me know and of course all stories you have would help others in trying to figure this all out!
October 2nd, 2009 at 10:04 pm
Thank you for a well stated position. I completely agree with you.
October 7th, 2009 at 4:17 pm
Dear Julie-
Joel Greenwald, Esq. has recorded the best webinar I have heard or seen on this subject. He makes the question of “contractor” versus “employee” crystal clear for both the individual or spa or salon owner.
The webinar is accessed via the Day Spa Association-IMSA Out of the Box webinar series at http://www.spaclique.com The cost is $24.95- small change to avoid problems with state labor agencies and the IRS!
Better yet-it offers one CE that is option. Thank you for addressing a critical question!
Patti Biro
The website to
October 7th, 2009 at 5:31 pm
Julie: Thought provoking piece on employees vs. subcontractors. What research has been done with non-compete clauses that massage centers, spas require? I started to look into this and found the law in Massachusetts is very vague as to what constitutes a non-compete. My thinking tells me that 1. A company can’t require a non-compete from a vendor because that constitutes a restraint of trade. 2. Non-competes are unenforceable because the company has to show that the subcontractor caused substantial harm to the business. Can you weigh in on non-competes in an upcoming article?
October 7th, 2009 at 8:07 pm
In Tx, my understanding is if you are required to wear certain clothing and work certain hours, then you are an employee. this may be federal guidelines or just tx, i don’t know.
October 25th, 2009 at 11:06 pm
Julie,
Here’s a link to an information page on the IRS website that will give you some specific criteria for evaluating whether a massage therapist should be considered an employee vs. independent contractor:
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html