The California State Labor Comissioner is sweeping through spas and resorts in the area I do business, targeting the reclassification of massage therapists as employees and not independent contractors.
Many business owners are being fined in the process and do not have the money to fight the system.
The spa industry is seasonal, unpredictable, and many massage therapists consider themselves specialists in the field of bodywork which merits “Product Differentiation” when it comes to compensation.
Independent contractors are flexible and often utilize the seasonal swings to increase skills.
At this rate, an independent contractor will not have anywhere “public” to practice. Private practice is of course an option, but not all therapists are willing to take the risk of having strangers come into their homes, or of going into a strangers home.
Older massage therapists may never get work as an employee as they are discriminated against due to the concern of increasing business owners workers compensation and disability rates. Employees in the massage industry are not able to back off of work if they feel they are working too much and are often forced to work long hours which contributes to pain and injury of the therapist.
Many businesses thrive utilizing an “Employee” structure, but other types of businesses cannot thrive without utilizing “Independent Contractors.”
I don't understand how the California State Labor Comissioner can take away bonafide business opportunities with the state of our economy today. Tax dollars that independent contractors pay our government to protect us are being used to employ government employees who's job it is to take our business opportunities out from under us? How ironic is that? This sounds almost criminal to me… How about you?