Louisiana Revised Statutes 37:592 – Employment of cosmetologists; independent contractors
Terms Used In Louisiana Revised Statutes 37:592
- Board: means the Louisiana State Board of Cosmetology. See Louisiana Revised Statutes 37:563
- Cosmetologist: means any person, who is not exempted from the provisions of this Chapter pursuant to Louisiana Revised Statutes 37:563
- Cosmetology: means the practice of using one's hands, mechanical or electrical apparatuses, or appliances or using cosmetic preparations, antiseptics, soaps, detergents, tonics, lotions, or creams in any one or any combination of the practices of esthetics, hair dressing, and manicuring for compensation, direct or indirect, including tips. See Louisiana Revised Statutes 37:563
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- salon: means any premises upon or within which cosmetology is practiced for a fee. See Louisiana Revised Statutes 37:563
A. No person licensed by the board shall permit any person in his employ or under his supervision or control to practice cosmetology or barbering who does not possess the appropriate certificate or certificates of registration issued by the appropriate licensing board.
B. A registered cosmetologist shall be deemed an employee of a salon, unless the following applies:
(1) A written agreement exists between the cosmetologist and the salon specifying the following:
(a) That the cosmetologist is an independent contractor.
(b) That the salon has no right to control the methodology used by the cosmetologist to produce a given result.
(c) The amount of rent to be paid by the cosmetologist to the salon, whether calculated at a fixed percentage of the cosmetologist’s gross receipts or a flat fee.
(2) The cosmetologist possesses a booth rental permit issued by the board.
(3) The cosmetologist has paid a booth rental permit fee to the board.
C. The salon shall maintain complete records of all rental payments to the salon and all distributions to the cosmetologist.
D. No cosmetologist who has been issued a booth rental permit pursuant to La. Rev. Stat. 37:593 shall be recognized as an employee of a salon by the Louisiana Department of Revenue or Louisiana Workforce Commission.
Acts 2001, No. 907, §2, eff. June 26, 2001; Acts 2008, No. 743, §7, eff. July 1, 2008.