http://www.thefreemanonline.org/featured/the-right-to-earn-a-living-under-attack/ Just another WordPress weblog Sat, 21 Nov 2009 15:27:18 -0500 http://wordpress.org/?v=2.8.6 hourly 1 http://www.thefreemanonline.org/featured/the-right-to-earn-a-living-under-attack/comment-page-1/#comment-867 JoAnn Nicholls Thu, 22 Jan 2009 18:10:09 +0000 http://www.thefreemanonline.org/uncategorized/the-right-to-earn-a-living-under-attack/#comment-867 I am behind Mercedes Clemens 100%. I own and operate a salon in Maryland. My husband is a licensed massage therapist, a licensed senior cosmetologist and a licensed master barber. We have already had an issue with the Maryland board that oversees massage therapy. We used to belong to an association for hairstylists. I am not well liked by members of that association because I run a tax compliant salon and that is a rare duck in that industry. There is an issue in the existing licensing law which is not enforced properly and it allows licensees to slip away under the radar screen and practice illegally. I actually think it is fine because I do not see the public being harmed here. I have given proof to this board about how rife the problem is with underground activity. I have showed this board where they flaw is in their attempts to properly enforce their affiliation clause (5-605) however, they will do nothing to fix the problem. This causes the lawabiding licensees and salon owners to have to compete on an unfair playing field. In addition, salon owners are forced to hire licensed workers who spend 1500 hours in training in licensed schools. The entire time these students spend in these schools they work on paying clients who pay these students tips. The IRS does not hold the school owners accountable for the reporting of these tips that they allow the students to earn because there isn't an employer/employee relationship. A 2002 ruling by the Supreme Court (US vs Fior d'Italia 536 U.S.238 (2002)), has placed an enormous burden on business owners who allow their employees to accept tips. This lawsuit was concerning a restaurant. Unlike the restaurant industry, a salon is subjected to being forced to hire licensees who have spent a good part of two years in a school accepting tips where they have never had to report them, never had any training or testing on these laws that govern them with respect to tax law. Salon owners who hire these people and wish to be compliant, are in a situation that is very hostile. These people know they can slip away under the radar screen and they hold salon owners hostage to turn their heads to tip reporting and also to engage in misclassification of worker status or they will go completely underground. I commend Mercedes and the Institute for Justice. I am behind Mercedes Clemens 100%. I own and operate a salon in Maryland. My husband is a licensed massage therapist, a licensed senior cosmetologist and a licensed master barber. We have already had an issue with the Maryland board that oversees massage therapy. We used to belong to an association for hairstylists. I am not well liked by members of that association because I run a tax compliant salon and that is a rare duck in that industry. There is an issue in the existing licensing law which is not enforced properly and it allows licensees to slip away under the radar screen and practice illegally. I actually think it is fine because I do not see the public being harmed here. I have given proof to this board about how rife the problem is with underground activity. I have showed this board where they flaw is in their attempts to properly enforce their affiliation clause (5-605) however, they will do nothing to fix the problem. This causes the lawabiding licensees and salon owners to have to compete on an unfair playing field. In addition, salon owners are forced to hire licensed workers who spend 1500 hours in training in licensed schools. The entire time these students spend in these schools they work on paying clients who pay these students tips. The IRS does not hold the school owners accountable for the reporting of these tips that they allow the students to earn because there isn’t an employer/employee relationship. A 2002 ruling by the Supreme Court (US vs Fior d’Italia 536 U.S.238 (2002)), has placed an enormous burden on business owners who allow their employees to accept tips. This lawsuit was concerning a restaurant. Unlike the restaurant industry, a salon is subjected to being forced to hire licensees who have spent a good part of two years in a school accepting tips where they have never had to report them, never had any training or testing on these laws that govern them with respect to tax law. Salon owners who hire these people and wish to be compliant, are in a situation that is very hostile. These people know they can slip away under the radar screen and they hold salon owners hostage to turn their heads to tip reporting and also to engage in misclassification of worker status or they will go completely underground. I commend Mercedes and the Institute for Justice.

]]> http://www.thefreemanonline.org/featured/the-right-to-earn-a-living-under-attack/comment-page-1/#comment-292 John Ennis Sat, 10 Jan 2009 21:47:46 +0000 http://www.thefreemanonline.org/uncategorized/the-right-to-earn-a-living-under-attack/#comment-292 The Insitute for Justice needs to do more against these insidious criminal cartels. As a geologist from New Mexico I am not able to \'registrar\' for a license to work as a geologist because of the engineering geologists and hydrogeologists have kept us out of the loop. I then find it difficult to work in other states because of THEIR criminal laws. Laws must be passed to safeguard a persons right to work. Cartels have made it impossible to change professions without first getting advanced training or taking horrible tests that really don\'t test an individuals knowledge and expertise. The Insitute for Justice needs to do more against these insidious criminal cartels. As a geologist from New Mexico I am not able to \’registrar\’ for a license to work as a geologist because of the engineering geologists and hydrogeologists have kept us out of the loop. I then find it difficult to work in other states because of THEIR criminal laws. Laws must be passed to safeguard a persons right to work. Cartels have made it impossible to change professions without first getting advanced training or taking horrible tests that really don\’t test an individuals knowledge and expertise.

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