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Is it legal for a boss to charge the employee for a hot check a customer gives in a salon? |
The hair dressers in the salon are not self contract and have taxes taking out of thier checks like a normal employee,but if one of thier customers write the shop a hot check the boss takes the money out of the check who does the job.This action is in no kind of contract.The girls or paid on commission.this is in houston texas No. it is illegal and can be taken to the state attorney general. lign="right" > Sign in to vote! I wouldn't think that would be legal. If it were, (for example) Wal-Mart would have very few associates because they process a huge number of returned checks each day. The risk for accepting checks remains with the owner of the business, not their representative. lign="right" > Sign in to vote! The fact that you're saying they are paid on commission tells me that they are not "regular" employees. Even commissioned people pay taxes, and the employer is probably just witholding and sending quarterly payments to the IRS per the tax code. Does she get a W-2 or a 1099 - that's the question. If it's a W-2, then the business owner is wrong, because in that case, the business owner assumes the risk for taking checks. If the hair stylist is getting a 1099, then he/she is an independent contractor, and is in a sense running their own business through securing clients to come into the shop. The individual hair stylist should make it a practice not to accept checks, and if the owner won't let him/her, then they should resolve it based on what's in the contract. And PUHLEEZE tell me he/she has a contract if they're not getting a W-2!! If not...time to find a new salon to work in... lign="right" > Sign in to vote! It's illegal!! Contact labor board or AG |
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