Updated July 15, 2020:

Salon Contracts of Employees

Salon contracts for employees include any contracts that an individual must sign in order to be an employee of a salon. Generally, this will only be a contract of employment, which is a written contract that clearly sets out the conditions and terms of employment between the employee and the employer.

Such conditions and terms of an employment contract should include:

  • The start date.
  • If the employee is an independent contractor or a salaried worker.
  • Information on what the job is, but not how it should be done if the employee is an independent contractor (thereby maintaining the independent contractor status for tax purposes).
  • If the employment is considered “at will,” which means that the employer can terminate the contract without cause.
  • If the employee can leave without notice or reason.
  • What pay the employee will receive and on what schedule it will be received.
  • What benefits the employee will receive, if any, and if receiving benefits, the specific details of how they will be dispensed.
  • What the specific job description is.
  • A line that reads “additional duties as assigned,” or something similar to that so that that job duties may be adjusted, if necessary.
  • Information on disciplinary procedures for failure to meet the requirements of the contract.
  • A confidentiality clause, if the employee will be handling sensitive information.
  • Information on how employer-employee disputes will be resolved.

If a document such as this is then signed by the employer and the employee, it will be considered enforceable in court.

Employment Contracts vs. Offer Letters

Employment contracts should not be confused with employment offer letters. The three major differences between the two are:

  • Timing. Offer letters come before the formal contract. Once an offer is accepted, then a contract will be presented.
  • Detail. Offer letters usually do not go into great detail concerning the nature of the job. They can often operate as more of a formality document.
  • Legal power. Offer letters are not legally binding and do not hold up in court. On the other hand, if signed, employment contracts are legally binding.

Employment Contracts vs. Employment Agreements

Employment contracts should also not be confused with employment agreements. Employment agreements can commonly be described as any agreement between an employer and an employee, including those made verbally without paperwork or signatures. They are more casual and as such may not hold up legally in every state. Employment contracts, on the other hand, usually involve a written document and signatures from both parties.

Responsibilities and Rights of a Salon Employee

Salon employees have certain rights under the law. A major one is the right not to face discrimination based on race, ethnicity, gender, disability, weight, marital status, family status, part-time work status, or union membership status, either indirectly, directly, unintentionally, or intentionally. This means that employers cannot ask job applicants any questions pertaining to the above topics, nor can they use such criteria to determine pay. The responsibility of the employee insofar as this topic is concerned it is to not discriminate against either customers, other employees, or their employer.

Minimum Wage and Work Time Regulations

Some rights salon employees have relating to wages and work time include:

  • The right to be paid at least the federal minimum wage or their state’s minimum wage, whichever wage is higher.
  • The right to overtime pay if their work exceeds 40 hours a week.
  • The right to a limit on hours to be worked in a week, as determined by their state.
  • The right to regular breaks, with frequency and length being determined by their state.

Safety and Health Regulations

Salon employees have the right to a healthy and safe workplace, and if local health officials or the Occupational Safety and Health Administration (OSHA) finds salon employers to be in violation of health and safety codes, they can face stiff fines and perhaps even loss of operating license.

That said, salon employees must also be sure to adhere to all federal and state safety and health regulations and maintain their workplace with respect to those regulations. Such regulations vary from state to state, but generally, these include maintaining adequate ventilation and lighting, as well as keeping salon equipment clean. Also, any workplace accidents must be recorded and then reported to OSHA.

If you need further help understanding salon contracts for employees, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.