You are NOT an employee. This is an important distinction. Here’s why:
It might be easy to say you work for the BIMN, but legally speaking the BIMN works for you. You have contracted the BIMN to manage your insurance cases, bill for your insurance clients, and maintain the network that gets you referrals. We collect your payment on your behalf, deduct our fees, then distribute your portion of the pay.
The department of labor is on a kick to get massage therapists classified as employees. By their definitions, this may apply to spa workers, but it does not apply to your relationship with the BIMN. I have confirmed this with our advisor at the Small Business Development Center and informal conversations with a SBA lawyer
In some of the earlier versions of the BIMN contract, the wording made the distinction not as clear. If the Department of Labor ever asks to see your contract with us, please contact me so we can get you set up with the latest version of the contract, or even better do it now so thats taken care of.
If the Department of Labor would mistakenly classify you as employees, we would have to pay payroll taxes and insurance that would lower your portion of the pay significantly. So significantly that the relationship would probably no longer work. Therefore we need to be vigilant with our words when talking about our business relationship.
Call us if you have any questions about this.