THE COMPLEXITIES OF SPA EMPLOYMENT :
The Limitations of Independent Contractors
BY AMY TRACY
TAKEAWAY
Talent shortages , employee flexibility and budgeting concerns all may make independent contractors an attractive option for spa staffing . But beware : Anticipated legislation and evolving case law may limit your ability to classify spa workers as independent contractors .
FOR TWO YEARS , THE INDUSTRY HAS PUZZLED , Where have the workers gone ? and even more , How do we get them back ? The refrain has grown louder : We are hiring ! Experts have been called in to consider other questions : not only How do we find people to fill these roles within spa world ?, but How do we retain them so we don ’ t have to keep looking and expending resources ?
A plethora of creative solutions has been offered : going straight to the source and hiring from schools , opening new education programs to broaden the pool of applicants , pursuing the Interstate Massage Therapy Compact ( IMpact ) to remove licensure obstacles in hopes it will broaden the talent scope , recruiting international talent and offering flexibility and incentives to lure workers . These ideas are well intentioned , and each may meet the needs of a particular environment to achieve the ultimate operational goals ; but they may open the door to unexpected legal pitfalls . A bit of caution and consultation in your jurisdiction may be helpful to ensure long term planning and success .
42 PULSE n APRIL 2023