§ 37:592 — Employment of cosmetologists; independent contractors

Louisiana § 37:592

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§592. Employment of cosmetologists; independent contractors
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 R.S.
37:593 shall be recognized as an employee of a salon by the Louisiana Department of
Revenue or Louisiana Works.

Legislative History

Acts 2001, No. 907, §2, eff. June 26, 2001; Acts 2008, No. 743, §7, eff. July 1, 2008.