QUESTION

I am a Licensed Massage Therapist in NY state. My employer deducts a flat fee from my wages each time a person pays via credit card. Is this legal?

Asked on Jun 01st, 2018 on Labor and Employment - New York
More details to this question:
I am a Licensed Massage Therapist in NY state. My employer deducts a flat fee from my wages each time a person pays via credit card. Is this legal? This is in regards to wages, NOT tips. It seems I am simultaneously an employee and and independent contractor. I think I"m an "at will" employee? I am issued a w2 not a 1099. I was asked to sign a non compete agreement which I did. It is in a 5 mile radius and in effect for 1 year following separation. THanks
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
It is legal if it is the deal.  If you have no contract you are an at will employee but you are also only entitled to minimum wage to be illegal.
Answered on Jun 04th, 2018 at 5:42 AM

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