Quote:
Originally Posted by Forest
i ran studios in 4 states for years and ALL talent was paid a % of their earnings and treated as 1099 independent contractors just like a commission sales agent
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And that is just fine, so long as they're making at least the equivalent of the minimum hourly wage.
I worked retail commission sales for 15 years. If a salesperson didn't earn enough commission to make minimum wage then they were paid an hourly rate at the current minimum wage. That didn't happen often, and when it did the salesperson didn't stick around long.
My point being, the work requirements and conditions determine whether someone is an employee or not, as set by the applicable state labor law. If the workers are on site and have an assigned schedule, then in most states they would probably be considered employees if someone pushed the issue.