4713-13-02 Independent contractor.

(A) Independent contractors will receive independent contractor licenses that meet the following criteria:

(1) Addressed to the licensee's home address;

(2) The license held by an independent contractor will be a different color from other salon licenses;

(3) The license indicates that it authorizes the individual to work in any board licensed salon that includes the individual's branch of cosmetology.

(B) Requirements for independent contractors

(1) An applicant for an independent contractor's license shall have an active manager's license for the branch of cosmetology in which the applicant practices.

(2) Once licensed, an independent contractor shall have an agreement with the owner of a salon in which the independent contractor practices a branch of cosmetology.

(a) The agreement shall state the following information:

(i) The independent contractor controls the hours and conditions of work of the independent contractor and any employees of the contractor, consistent with all applicable laws, regulations and rules;

(ii) The independent contractor is responsible for paying the federal, state, local or other taxation that is appropriate for the independent contractor and any employees of the contractor;

(iii) The independent contractor is responsible for paying for workers' compensation insurance or, in the alternative for an individual practicing as an independent contractor, insurance to cover any injury or other liability that may occur while working in the salon. The independent contractor' insurance shall cover the independent contractor and any employees of the independent contractor;

(iv) The independent contractor is responsible for the payment of health insurance, if health insurance is provided;

(v) The independent contractor provides the equipment and supplies except for the fixtures, furnishings and permanent equipment, and

(vi) The agreement shall state the method of payment to the independent contractor or the method of payment by the independent contractor to the salon owner.

(b) The board shall provide a form agreement that a salon owner and an individual shall use to satisfy the requirements of this rule. The salon owner and the independent contractor may enter into a different agreement if all of the requirements of this section are satisfied.

(c) Independent contractor agreements entered into before the effective date of this rule shall be considered to be valid, independent contractor agreements, even if the contract does not meet all the requirements of this rule.

(d) The salon owner and the individual shall complete the form. Both shall sign and date the agreement.

(e) The individual acting as an independent contractor shall maintain a copy of the agreement.

(f) The owner shall maintain a copy of the agreement with the other documents required by the board.

(g) The owner or the independent consultant shall produce document within half an hour of the request if a board inspector or investigator asks to see the agreement as part of an inspection or investigation.

(3) The independent contractor license must be posted at all times with the independent contractor's cosmetology or branch of cosmetology license in the salon where the independent contractor is working. If the independent contractor practices a branch of cosmetology at more than one salon, the individual shall carry the license to each work station and shall post the license at the station while working.

(C) Where a license for an independent contractor has been issued, the board shall hold the individual independent contractor and the salon owner responsible for compliance with all cosmetology statutes and rules as follows:

(1) The salon owner is responsible for all common areas;

(2) Independent contractors are equally responsible for common areas when present, and

(3) Where the salon has individual locked work areas or salons, each independent contractor having the authority to use the individual work area or salon shall be available or shall have an authorized representative be available to open the locked work area or salon within an hour of the arrival or a board inspector or investigator for an inspection or investigation.

(D) An independent contractor's license is a mobile license, following the contractor to a location. For that reason, should an independent contractor's location change, the independent contractor shall retain the same license, but shall follow paragraph (B) of this rule.

Replaces: 4713-13-02

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4713.08
Rule Amplifies: 4713.01 , 4713.39 , 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00, 1/10/04, 9/28/08