Troubles at The Modern Man barbershop chain came to a head last week when barbers picketed outside of the SE Hawthorne Boulevard location.

As a new group of owners took over the chain, some barbers said they did not receive paychecks. Because the barbers aren't traditional employees of the chain, but consider themselves independent contractors (they split their income with Modern Man and pay a daily fee to rent space), they assumed they wouldn't be able to file a complaint with the state's Bureau of Labor and Industries to collect unpaid wages.

Turns out, the definition of employee might be more complicated than that suggests, said BOLI spokesman Charlie Burr.

"Renting out space is not in and of itself going to make them independent contractors," he said.

He urged the barbers waiting on wages from Modern Man to file a complaint, and said the bureau would assess each situation individually.

When determining whether a worker is an employee or an independent contractor, the bureau takes two things into consideration:

whether the worker is free from direction and control

whether the worker has an independently established business

More specifically, those who work at barbershops must meet all the legal requirements set out by state regulatory agencies to be considered independent contractors.

If you're unsure whether you're an employee or an independent contractor in the eyes of the state, check out the bureau's guide below:

Characteristics of an Independent Contractor

Worker asserts he or she is self-employed and generally maintains his or her own client list and advertising apart from the business within which services are provided Worker is free to hire assistants and pay them directly Worker is free to choose which customers to serve and when, e.g., worker is free to pursue additional clients and may refuse to take referrals from the business within which he or she provides services Worker sets his or her own hours and schedule Worker maintains his or her own liability insurance and/or business licenses Worker pays a flat rate for business space Business does not assert the right to control how the worker performs service to clients Necessary tools equipment and supplies are furnished by the worker (apart from fixtures like chairs, basins, etc.); business does not require the use of certain products Worker requires no training or supervision Worker sets the price for services performed Worker may invoice the business for work performed Payments from the business or clients are made to the company or DBA of the worker

Characteristics of an Employee

Worker has no DBA ( Worker performs services on an ongoing basis for the business where he or she is located Worker's services are directly integrated in the primary service supplied by the employer Worker is not free from the right of the business where he or she is located to direct and control how services are provided Worker does not choose which clients he or she will engage Worker does not determine the hours or the details of the work Worker does not provide the facilities, tools, equipment, and/or supplies for the work; Worker may require training and/or supervision; worker is subject to routine quality control checks Worker has no right to engage assistants to help him or her perform services, or if the worker hires assistants, the business where he or she is located pays their wages Pay rate is unilaterally set by the business; worker does not set client's price for services performed Pay may be by hourly wage, piece rate or salary, rather than by the job Worker receives reimbursement for expenses associated with the job Worker is covered by all or part of the benefits plan and liability insurance of the business where he or she is located

If you're missing wages and think you could qualify as an employee in the state's eyes, file a complaint online or by calling the bureau at 971-673-0844. The bureau's Wage and Hour Division will investigate complaints to determine employment status and whether wages are due.

-- Anna Marum

amarum@oregonian.com

503-294-5911

@annamarum