Form De 231c - Information Sheet - California Employment Development Department

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COSMETOLOGISTS
Individuals providing beauty, barber, or women’s
5) The length of time for which the services are
hairstyling services are considered to be cosmetologists.
performed to determine whether the performance is
an isolated event or continuous in nature.
Cosmetologists provide services in businesses which
include, but are not limited to, the following types:
6) The method of payment, whether by the time, a
piece rate, or by the job.
- Barber Colleges
- Facial Salons
- Barber Shops
- Hairdressers
7) Whether or not the work is part of the regular
- Beauty and Barber Shops
- Hair Stylists, Men
business of the principal, or whether the work is not
combined
- Hair Stylists, Women
within the regular business of the principal.
- Beauty Culture Schools
- Manicure/Pedicure
- Beauty Shops or Salons
Shops
8) Whether or not the parties believe they are creating
- Cosmetology Schools
- Unisex Hairdressers
the relationship of employer and employee.
- Cosmetology Shops or Salons
9) The extent of actual control exercised by the
Types of employee services that are typical in the
principal over the manner and means of performing
cosmetology industry are:
the services.
- Barbers
- Facialists
- Manicurists
10) Whether the principal is or is not engaged in a
- Beauticians
- Hair Stylists
- Masseurs
business enterprise or whether the services being
- Clerical
- Hairdressers
- Masseuses
performed are for the benefit or convenience of the
- Cosmetologists
- Instructors
- Receptionists
principal as an individual.
- Electrologists
11) Whether the worker can make business decisions
Who Is a Common Law Employee?
which would enable him or her to earn a profit or
incur a financial loss. Investment of the worker’s
An employer-employee relationship exists when a person
time is not sufficient to show a risk of loss.
who hires an individual to perform services has the right
to exercise control over the manner and means by which
The right to control the means by which the work is
the individual performs his or her services. The right of
accomplished is clearly the most significant test of the
control, whether or not exercised, is the most important
employment relationship and the other matters enumer-
factor in determining the relationship. The right to dis-
ated constitute merely secondary elements. In consider-
charge a worker at will and without cause is strong
ing the factors, a determination of whether an individual
evidence of the right of direction and control. Other
is an employee will depend upon a grouping of factors
factors to be taken into consideration are:
that are significant in relationship to the service being
performed rather than a single controlling factor.
1)
Whether or not the one performing the services is
engaged in a separately established occupation or
Who Is a Common Law Employee in the Cosmetology
business.
Industry?
2)
The kind of occupation, with reference to whether, in
The California Unemployment Insurance Appeals Board
the locality, the work is usually done under the
(CUIAB) has previously considered the status of
direction of a principal without supervision.
cosmetologists. The CUIAB has generally held that
cosmetologists were employees under conditions that
3)
The skill required in performing the services and
include, but are not limited to, the following:
accomplishing the desired result.
The principal maintained a common appointment
4)
Whether the principal or the person providing the
book and assigned customers to the cosmetologists.
services supplies the instrumentalities, tools, and
The principal set the cosmetologists’ work schedule.
the place of work for the person doing the work.
DE 231C Rev. 3 (11-98) (INTERNET)
CU
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