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IC vs Massage Employees

This has been one of my pet peeves in the massage profession - how to figure out if one is actually a subcontractor or an employee. After years (yes years) of reading and researching there is just no definitive answer legally and ethically is a whole other story.

I actually think that most massage therapists are being taken advantage of and most should really be full employees with full employee benefits. I just wrote an article on it on my full blog at www.thebodyworker.com to share what I have found.

Anyone have any ideas? Maybe there isn't just one answer but there should be at least some definitive guidelines for employers.

Julie Onofrio
www.thebodyworker.com

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Comment by Erica Olson on November 16, 2009 at 11:09am: there is just no definitive answer legally

Actually, there is. The IRS has the final say on whether someone is an employee or an IC. They have a form, the SS-8, designed specifically to help make that determination.

Comment by Nikki Johnson on October 7, 2009 at 5:09pm: I work at a chiropracters office. I am a IC not emplyoee. I don't see that there would be any real change if I was a employee, I might even make less $$$ if I were. I have a set schedule, that can be flexable. It is a small office, so there is no health insurance that I am missing out on. I get free adjustments from the DR. I get a very nice Christmas gift card. The employees get discounts on things bought. I get the same evan though I am a IC. I don't usually sit around. I am busy from the time i hit the door till I leave, non-stop. My clients refer thier friends. Also, I have a ready supply of clients from the DR. I pay for no supplies. Everything I want or need is given to me. I am very blessed to have such a wonderful place to work. The money issue is about a 50/50 split. Which if I was a employee, I would probly be making less per hour. Down side, I have to take out all my taxes. All in all, I am happy with the arrangement. A bonus would be nice though, when I've done soo many. haha

Comment by Julia Mims Edwards on October 2, 2009 at 9:51pm: oops I pushed the wrong button... :-] but in doing that one has to look at the legal aspect of being an IC. If you can get insurance as bare minimally as you can it should save you or where I wouls like to be paying cash for everything...no more ties to being tied down. I hope this helps!!!

Comment by Julia Mims Edwards on October 2, 2009 at 9:45pm: Julie, I see that alot here... (TN) I tend to see my self as an IC due to the fact that I come and go as I need to. I have worked in spas where you sit for hours with nothing to do. I do not do that well. I choose to be as busy as I want. I offer my skills as needed proving the IC part but with the other places I get the usual 65/35