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services to petitioner. A typical contract purportedly set a
flat fee for rental of a chair; however, according to
petitioner’s records, chair rental amounts fluctuated month-to-
month based upon the dollar amount of services rendered by each
beautician.
Petitioner required beauticians to have a beautician license
issued by the State of Washington prior to hiring. He did not
train or instruct beauticians how to cut or style hair.
Petitioner provided all equipment and beauty supplies or products
used by beauticians. On occasion a beautician brought and used
his or her own clippers, combs, brushes, etc.; however, it was
not required for a beautician to supply these items. If a
beautician modified a work station, petitioner would bear the
costs of such modification.
Petitioner set the base fee for all services provided by the
beauticians. Beauticians were required to use a common cash
register and to submit daily reports showing the fees collected
during the day. All credit card and check payments for services,
regardless of which beautician provided the services, were
payable to “C&M Enterprises”, a business owned and operated by
petitioner and his wife. Petitioner set Maxi’s hours of
operation; however, some beauticians were given keys to provide
services outside of normal business hours. Beauticians generally
set their own schedule, but petitioner required beauticians to be
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Last modified: May 25, 2011