Subpart 1.
Definition.
Barbers are persons registered to practice barbering pursuant
to Minnesota Statutes, chapter 154. A registered barber's apprentice is not an
independent contractor.
Subp.
2.
Independent contractor.
A barber is an independent contractor if all of the following
criteria are substantially met.
A. The
barber rents a barber chair from the purported employer for a flat sum per
week, month, or similar time basis.
B. All payments by customers for services are
retained by the barber.
C. The
barber furnishes his or her own tools, but need not furnish linens or
supplies.
D. The purported employer
does not have the right to control the means and manner of the barber's
performance of services such as haircuts, shaves, shampoos, scalp treatments,
and facial massages.
E. A written
agreement between the parties provides that the barber is an independent
contractor.
Subp. 3.
Employee.
A barber is an employee if all of the following criteria are
substantially met.
A. The barber is
paid on a salary basis, though tips may be retained by the barber, or the
employer retains a set percentage of the money taken in by the barber's
services, excluding tips.
B. The
employer furnishes equipment and supplies other than razors, combs, scissors,
and similar items.
C. The employer
furnishes uniforms if uniforms unique to the employer are required.
D. The barber does not advertise.
E. The employer may terminate the barber's
employment for noncompliance with rules including hours of work, smoking, or
wasting time.
F. A written
employment agreement states that the parties are not independent
contractors.
G. The employer has
the right to control the means and manner by which the barber performs services
such as haircuts, shaves, shampoos, scalp treatments, and facial
massages.
Subp. 4.
Factors excluded.
The fact that barber associations or unions fix hours of work
or other conditions of business operation indicates neither employment nor
independent contractor status. Rules prescribed with respect to sanitary
conditions by the state or city health departments are not to be considered in
determining independent contractor or employment status.
