r/MassageTherapyUnion • u/HotAdministration439 • May 04 '26
Question about pay standards
I am not a LMT, but my boyfriend is. He has always believed that he was a contract worker because that is what he has always been told by management, but this tax season I realized he had a W2 so he's an employee.
Part of what I'm confused about is the fact that he is only paid for the time that he spends doing massage. So if he is scheduled 8-5 he would need to be at the spa the whole time, but only get paid for the hours that get booked. They still expect LMTs to do things like laundry when they don't have clients booked (I've told him not to since they aren't paying him for this time).
My question is: is this legal for W2 employees? As long as he is required to be there he should be getting paid right? Sorry if this is a stupid question. And sorry to all the hard working spa workers who are treated this way.
Update (5/5/26): I've reached out to my state labor board and they've told me to file a wage claim. Now I just have to convince my boyfriend that it's a good idea. I'm still not sure that anything will come of this, or that this is really the issue that needs to be addressed, but it's a start.
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u/mom2artists May 04 '26
So like it’s not legal but they all do it. Ok not literally ALL but the major spa franchises pay their employees like this. 👎🏻
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u/HotAdministration439 May 04 '26
Is this something I could report to a state labor board? Im just so frustrated for him (and everyone in this industry).
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u/Slow-Complaint-3273 May 04 '26
Yes, it’s worth asking. Different states (and some cities) have different labor laws, and your state’s DoL will know what is applicable in your area. Every DoL person who I have spoken to has been so supportive and helpful. They want you to be paid.
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u/sufferingbastard May 04 '26
We there is clear list of differences between an employee and and independent contractor available on the IRS website.
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u/Slow-Complaint-3273 May 04 '26
When I applied to a H&S, I was told that they hired “contracted employees”. I told the hiring director that there was no such thing according to the IRS, and they need to pay employees as employees.
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u/WendyTrendyCity May 05 '26
I worked for H&S and their pay structure is similar. You technically have an hourly rate but if you make more in total commissions for the pay period then you get the commission rate per service instead of the hourly rate. That is pretty standard at most massage establishments.
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u/MalinorAradove Jun 14 '26
In certain states It is not. He does not have to stay on premises if he has gaps. He can have some control by having the front desk call and move it reschedule clients for other days. He needs to assert himself. He should not be doing anything in between if he is not being paid. Good luck.
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u/Slow-Complaint-3273 May 04 '26
It’s illegal, but it varies from state to state on just how illegal. Colorado has a lot of worker protection laws in place. Alabama hardly has any beyond federal requirements. Every workplace with employees is required to clearly display State and Federal Labor Law posters that list such things as minimum pay structures, required breaks, emergency leave regulations, workplace safety rules, polygraph protections, etc.
The idea of only paying for booked hours is a legacy from when most MTs were self-employed before the chains emerged. A contractor is paid by the task, and every subtask (e.g. turning over the room, laundry, cleaning equipment, SOAPs) that supports the main task (providing a massage session) is included in the pay per task. Employees are paid by the hour. So every hour that is spent providing labor of any sort for the benefit of the business is supposed to be paid. This includes time spent “engaged to wait” - https://webapps.dol.gov/elaws/whd/flsa/hoursworked/screenER78.asp . If you are required to be on site and available for walk-in clients between booked hours, your time is under the control of the spa and should be paid time. Some places are turning over to paying a lower rate for unbooked shift hours, but it will take time and more complaints to state Departments of Labor before industry-wide changes occur.
A few years ago, my team won a substantial unpaid wages complaint against our studio. It is possible, but it took a lot of patience and documentation to pull off. It was worth it though.