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Employment Status: Deciphering Between Employees and Contractors in Med Spas, Aesthetics and Salons

As a med spa, aesthetics practice, or salon owner, you most likely have employees or independent contractors (or maybe a combination of both) working for you business. An employee is generally anyone who performs services for an employer, and to which the employer has the right to control what services will be done and how. On the other hand, an individual is considered an independent contractor if the “payer” only has the right to control the result of the services, and not how it is done. For both legal and tax reasons, it’s important to classify individuals correctly. For example, if you mistakenly classify an employee as an independent contractor, you may be responsible for unpaid employment taxes. While the IRS offers a number of “tests” that assist in determining the status of a worker, we’ve compiled the most common differences between an employee and an independent contractor to help you avoid misclassification.


Control and Exclusivity


Arguably the most fundamental difference between an employee and an independent contractor is the aspect of control. As alluded to above, a med spa, aesthetics practice, or salon owner has the right to control an employee’s scope of work and how they complete that work. Employees tend to have a set schedule which is determined by their employer, and generally only work exclusively for that employer. Conversely, a business or practice owner does not have the right to control how an independent contractor completes the work they were hired to perform. In addition, contractors generally set their own schedule, and oftentimes don’t work exclusively for one business or practice. The aspect of control is also relevant when it comes to payment for a worker’s services.


Compensation and Benefits


An employee typically receives a specific salary or hourly wage determined by the employer, and receives that salary or wage on a weekly, biweekly, or monthly basis (also determined by the employer). Instead, an independent contractor may submit invoices for their work, or will receive compensation once the scope of work is completed. An employee will generally receive their salary or wage in accordance with whichever method the employer determines, but an independent contractor usually retains that right. While not always the case for small practices or businesses, some employers provide various benefits to their employees such as health, dental, and life insurance, in addition to retirement plans, stock options, overtime, paid time off and paid vacation/sick time. These types of benefits are exclusive to employees and are not available to independent contractors.


Taxes and Workers Compensation


One of the biggest risks of misclassifying an employee as an independent contractor in your med spa, aesthetics practice, or salon is the potential tax consequences. As an employer with employees you are required to withhold taxes, but you are not required to withhold taxes for independent contractors you engage. An employee will complete a W-4 form, while an independent contractor will complete a 1099 form (this is why independent contractors are often referred to as “1099s”). Furthermore, independent contractors receive less legal protections, such as unemployment and workers compensation, which is generally designed for employees.


While this is merely an overview of a few key differences between an employee and an independent contractor, we encourage all med spa, aesthetics practice and salon owners to ensure that all of their workers are classified correctly so as to avoid employment and tax penalties. Having a strong employment or independent contractor agreement in place can assist in this classification, and the templates at MyModelDocs are drafted to specifically address these issues. Here are direct links for the Employment Agreement and the Independent Contractor Agreement. For further questions, email us at support@mymodeldocs.com.




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Disclaimer: This website is solely intended for the purpose of providing general information. This blog post is not a substitute for legal advice, thus no attorney-client relationship is created. An attorney-client relationship is only formed after you have signed an Engagement Letter with an attorney. Nothing on this website constitutes legal advice. Every situation is different and fact-specific, and a proper legal analysis is necessary. The best way to get guidance on your specific legal issue is to contact a licensed attorney in your jurisdiction. To schedule a consultation with an attorney at our Connecticut-based law firm, Marti Law Group, please contact: info@martilawgroup.com.

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