Are These Employment Offers From Nail Salons Legal?

Location: Cleveland, Ohio

I have had what feels like vs a million interviews for nail salons recently and I need some clarification on the legality of the offers I have received.

Almost every one of them is either offering commission ONLY (60/40 or 50/50 split), and employment classification as “independent contractor”. I asked them if I would be making my own schedule and they all said something like “I would prefer that you let me know what days you’re always available and I will schedule you.” They also want me to bring my own implements, light, and drill, with polish/nail accessories provided.

Another offer I got was employee classification W2, $8 an hour OR 40% commission, whichever was higher.

Another offer was employee classification W2, $10 an hour AND 5% commission on service and product sales.

Now, the state minimum wage for tipped employees is $5.35, and $10.70 for non tipped employees. I was in the restaurant industry for 5 years and from my understanding, if tipped employees don’t make at least the non tipped wage of $10.70 from their wage + tips that the employer is obligated to make the difference so that the tipped employees hourly wage equals $10.70.

I am also under the impression that salons cannot legally have “employees” as independent contractors, especially when they are not letting the “independent contractor” set their own hours and taking commission from the “independent contractor”.

So my question is… aren’t all of these offers illegal?

I’m at loss here. I literally haven’t been to one salon that gave me what I understand is a legal offer of employment. Do you guys have any advice on how NOT to be taken advantage of by salon owners? Most of these were not chop shops either

TLDR: is it legal for nail salons to classify you as an independent contractor and not pay hourly wage and take part of your commission? Is there anyway they could legally classify you as an independent contractor? And lastly if you’re a w2 employee that is hourly + commission, the employer still has to pay the minimum wage of non-tipped employees if your hourly + commission equal $10.70 an hour, correct?