Tuesday, February 20, 2024

Labor Laws For Massage Therapists

Meet Your States Licensing Requirements

Employment/Career Opportunities For Licensed Massage Therapists // Pros and Cons of each option

Each state has its own requirements for massage therapy licensing, so make sure to double-check with your Massage Therapy Board to ensure you havenât overlooked anything. If your state requires a certain number of hands-on training hours, now would be a good time to start seeking out clinics or practitioners youâd love to intern with.

What Does This Mean For Massage Therapists

How AB 5 might affect licensed massage therapists isnt determined yet, as massage therapy is not specifically mentioned as an exempt profession in the bill. However, many professions will be exempt, including some health care occupations.

The bill states that exempt occupations would include, among others, licensed insurance agents, certain licensed health care professionals, registered securities broker-dealers or investment advisers, direct sales salespersons, real estate licensees, commercial fishermen, workers providing licensed barber or cosmetology services, and others performing work under a contract for professional services, with another business entity, or pursuant to a subcontract in the construction industry.

Professional Massage Therapy Associations & Groups

Building a massage business depends on professionals making connections. One way massage therapists can make connections with their peers, as well as possible clients, is by joining professional associations. Below are some of the groups that can help massage therapists succeed throughout their career.

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Is A Massage Therapy License The Same As A Business License

No, although you may be required to have both, depending on the type of massage therapy work you do. Massage therapy licensure is required for any practitioner of massage therapy, even if theyâre an employee of a larger company. The massage therapy license is unique to the industry and shows youâre competent in the field.

On the other hand, a business license certifies that your business is allowed to operate legally in your area and is safe for the public to engage with.

Not every massage therapist will need a business license since not every massage therapist is a business owner. For instance, massage therapists who work full-time at fitness centers wonât need to register for a business license since theyâre employed by a business that will be licensed. But if you decide to pick up your own clients part-time, you most likely will need to register as a business.

Massage Education And Exam Requirements

Massage Therapy

In all other states, massage therapists are required to get a license in the state where they’ll practice. Licensure requirements differ from one state to the next, but typically include 500 to 650 hours of massage education. Failure to do so means a massage therapist could face penalties associated with practicing massage without a license

Passing the Massage & Bodywork Licensing Exam is another common requirement. Here are the components of this standard test:

  • 12%: Anatomy and Physiology

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How To Become A Massage Therapist

Massage therapists typically complete a postsecondary education program of 500 or more hours of study and experience, although standards and requirements vary greatly by state or other jurisdiction. Most states regulate massage therapy and require massage therapists to have a license or certification.

What You Need To Know

Piece-rate vs. commission compensation:

As per the Labor Code, compensation for salon/spa services is technically labeled as piece-rate work, and not commission. Confused? Lets look at the Labor Codes definition of each classification:

  • Piece-rate is defined as pay based upon an ascertainable figure paid for completing a particular task or making a particular piece of goods.
  • Commission employees are defined as anyone involved principally in selling a product or service, not making the product or rendering the service, and their compensation must be a percent of the price of the product or service.

Because stylists and massage therapist are rendering services and not just selling them, their work is considered piece-rate. Why does this labeling matter? Because Bill 1513 only applies to piece-rate work and not commission work. But again, the Labor Codes definition of commission is not the same as the salon/spa industrys.

Big game changer #1

Effective January 2016, all piece-rate California salons and spas must track, report and pay their stylists or massage therapists for non-productive and rest/recovery time.

Non-productive time is defined as the time employees are required to be at work, but are not actively servicing clients. This includes time

  • Waiting for the next client to arrive
  • Folding towels

Rest/recovery times is defined as time

  • On break and meals

The non-productive and rest/recovery pay rates must be at least the California minimum wage.

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Take The Abc Test: Are You An Independent Contractor In California

As of Jan. 1, a worker can be considered an independent contractor only if all of the following statements are true these are quoted from the official Supreme Court opinion in the Dynamex lawsuit and referred to as the ABC Test:

that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact

that the worker performs work that is outside the usual course of the hiring entitys business and

that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.

Statement B above has the most potential to cause issues for any company that uses contract labor.

For example, if you are a massage therapist performing massage therapy for a company that provides massage therapy, your work falls within the usual course of the companys business. B in the ABC Test does not apply to you, and you cannot be treated as an independent contractor.

Many massage therapists work as independent contractors, and in light of this ruling and subsequent bill, many will continue to do so status changes may soon be required if you work for a company that classifies and treats you as an independent contractor rather than an employee and your situation does not pass the ABC Test.

Huckleberry Is Here To Help

Boundaries, ethics, laws, regulations, Massage, MBLEX (40 Questions)

Getting started with your massage therapy career is a huge and exciting step. And while youâre helping your clients improve with their health and wellness, Huckleberry is here to help protect your businessâs wellness too.

Get a business insurance quote in as little as 5 minutes so you can run your business with the peace of mind that comes with great insurance coverage.

Disclaimer

All content on this page is for general informational purposes only and does not apply to any specific case, is not legal, tax or insurance advice and should not be relied upon. If you have any questions about the situation for your small business or the latest information in your state, you should contact an attorney for legal advice, an insurance agent or broker, and/or your state’s labor or industry agency, board, commission or department. Please note that the information provided on this page may change at any time as a result of legislative action, court decisions or rules adopted or amended by any state or the federal government.

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Tips And Guidelines That Are Useful For Massage Therapy Contract Development And Usage

When making a bathroom renovation contract, a massage therapy contract, and other business contracts, one of the most important things that you have to focus on is the ability of the document to relay the exact message that you would like the people who will browse through the contract to be knowledgeable of.

With this, you have to make sure that you will develop a complete and easily understandable document that provides the actual details regarding the transaction that you will immerse in together with other entities. Listed below are some useful tips and guidelines that you can refer to if you want to develop an efficient massage therapy contract.

1. Know the kind of massage therapy contract that you need to develop. Since there are different kinds of massage therapy contracts, it will be easy for you to be confused in the creation of the actual or exact document that you need. Hence, you have to first be aware of the details that you need to discuss prior to the formatting and development of the massage therapy contract that you would like to have. Using outlines and checklists can be very helpful in this situation. You may also see hiring contract examples.

Event Massage Therapy Services Contract Template

4. Develop a document with a detailed and organized flow of content discussion. The format of the final document can affect the experience of your target audience a lot as they browse through the document. If you can come up with a well-arranged discussion flow, the entities that you will be working with can have an easier time focusing on particular items and detail specifications. You may also see payment contract examples.

5. This can help you highlight the strengths of the contract while ensuring that the overall content of the massage therapy document can reflect the actual deliverable that your clients and other involved entities can expect from you at the minimum. You may also see contract examples in word.

6. Review the document before presenting it to your target audience or desired recipient. It is important for you to make sure that the massage therapy is updated and based on firsthand or credible information. Removing all errors, lapses, and irregularities can help you protect your rights within the transaction where the massage therapy contract will be used. An error-free document can also present your professionalism, preparedness, and standards for quality. You may also see childcare contract examples.

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How To Become A Massage Therapist And Get Your Business License

Massage therapy may just be the worldâs oldest profession. As far back as Ancient Egypt,therapeutic massage has been used to relieve stress and pain and is one of the most popular wellness procedures. About 47 million Americans received some sort of massage in 2018.

However, massage is more than just a perk you get on cruise ships massage therapists work with all different types of injuries and conditions and can form an important part of their clientsâ healthcare routine.

Thatâs what makes massage therapy such a rewarding careerâand a pretty lucrative one. According to the Bureau of Labor Statistics, massage therapists make about $44,000 on average. The field is expected to grow by 21% between 2019-2029 .

Since massage therapy can be a form of healthcare, there are licensing requirements youâll need to fulfill to ensure the physical safety of your clients and that youâre adhering to the professional ethics of the industry. Below is a breakdown of what youâll need to know to get started in your new career as a massage therapist!

Massage Therapists Who Are Not Enrolled

Bodywork Buddy Blog : Massage Therapy: Independent ...

The services of a non-enrolled or de-enrolled massage therapist are not benefits of MSP. These services can be billed directly to the patient for an amount more than that set in the massage therapy payment schedule, provided the patient is advised of the practitioner’s payment protocol before the service is rendered.

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Massage Therapy State Licensing Requirements Faqs

How do you transfer a massage license from one state to another?

You will need to have proof of your current licensure and go through the process that your new state board sets for your location. Some states have immediate license reciprocity so all youll need to do is fill out some paperwork and usually pay a licensing fee to get your license transferred. Others have additional educational or testing requirements that will need to be met before you will be able to transfer your license. The best idea is to start as early as possible so that you have plenty of time to get all of these requirements taken care of.

What states use the MBLEX to get a massage license?

The Massage and Bodywork Licensing Examination is currently the most widely accepted massage licensing examination accepted at the national level. Almost every state will accept or even require passing this standardized test for massage therapists in order to obtain a license. The MBLEx is considered the main entry-level licensing exam.

How many hours are required for a massage license in my state?

You can use our handy state information tool above to look up individual information on the state in which you plan on starting your massage service. Use this information as a resource, but always make sure to check in with your state board for the latest and most up-to-date information available. Requirements can change and you never want to miss a deadline that could delay initial licensure or renewal.

Work On Your Continuing Education

Since massage therapy is so closely tied to healthcare, you must be up to date with the latest trends, not just in your field but in medicine in general. Thatâs why Continuing Education is required for any massage therapist.

This doesnât mean you need to go through your entire education all over again. Still, it does mean that youâll need to refresh your knowledge every few years when you renew your license to make sure that youâre not still using any outdated modalities that could harm patients.

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The Degree Of Control

Quite simply, the more control that a business or entity has over how somebody does their job, the higher the probability is that a person injured at work will be determined to be an employee. Even if a business or entity doesnt have control over how somebody does their job, they can still be considered an employer if theyve expressly or impliedly reserved the right to exercise control over how the job is performed. Aside from that, a wide range of other factors can be used to show whether an employer and employee relationship exists, even if a massage therapist works away from a business premises and travels from location to location.

Administrative Policy: Incomplete Applications

Massage therapists push back against new state rules

The Georgia Office of Secretary of State Professional Licensing Boards has implemented a new 60 Day policy regarding the processing of incomplete applications submitted for licensure, certification or registration.

Applicants will have 60 days from the date of notification to correct deficiencies on their applications or the application will be administratively withdrawn. To view the new policy in full, click here.

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Can You Practice Massage Without A License

Small business owners face a number of challenges. For massage therapists in some areas, certification and continuing education are an important part of keeping their business in compliance with local and state laws. Failing to do so could result in fines or even jail time if they are convicted of performing massage without a license.

Choose The Right Entity For Your Business

You may not have thought about doing business in any form other than as a sole proprietor, but you should: The right business form can pare down your tax burden and insulate you from personal liability.

  • An individual can do business as a corporation, operating as a shareholder. The big advantage is that a corporation is a separate business entity from its shareholders, so they are not liable for acts committed by the business, or for its debts. The disadvantage is that the shareholders income comes in the form of taxable corporate dividends, which results in double taxation because the corporations profits are taxed, too.
  • To get around this drawback, limited liability companies were devised. Their advantage is that the corporation does not pay taxes profits and losses are passed through to the shareholders and taxed only once. One big disadvantage is that the LLC owner must pay self-employment tax on the LLCs entire income.
  • For this reason, Rodgers strongly recommends that small-business owners do business as whats known as a Subchapter S corporation . The advantage of an S corp over an LLC is that self-employment tax only applies to the salary that the S corps owner takes, rather than the entire income of the business.

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Massage Therapy Contract For Membership

As we have specified above, a massage therapy contract can also be an agreement between a client who would like to become a member of a massage therapy salon and the business. Using a massage therapy contract for membership can ensure that the business will deliver all its membership promises and that the client will abide with all the policies, rules, and regulations of the particular membership. A few of the essential information that must be included in the massage therapy contract for membership include the following:

1. Ensure that you will have the actual name and basic information of the client. This can make your membership database accurate and organized as well. With this, it will be easier to track the activities of your customers and identify whether they are using their own membership benefits whenever they acquire particular membership privileges. You may also see tutoring contract examples.

2. Be particular with the kind of membership that the client has applied for. This is necessary for massage spas that offer different kinds of memberships. Knowing the kind of membership of every client can help you ensure that clients can only avail or experience the perks and services that is within the scope of their spa membership.

Change Of Address Or Licence

Independent Contractors or Employees?

If you change your address or telephone number, or if there is a change in your specialty or licence status, you must advise MSP so that your records can be updated accordingly. Timely notification of changes enables MSP to provide practitioners with accurate and efficient service and helps prevent unnecessary refusal of claims.

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What About Massage App Companies

It will take some time to see how the bills provisions are implemented, and how the bill might affect services that offer apps through which to book independent massage therapists.

Some, such as Soothe and Zeel, get involved in setting appointment times and choosing therapists to send, and require interviews and other vetting before they can start seeing clients. While the therapist remains an independent contractor, the level of control the companies have may be problematic when it comes to those contractors being able to pass the ABC Test.

MASSAGE Magazine looked in some depth into how several massage-app companies typically operate read Mobile Massage Apps: The Complete Guide for Therapists, for more information.

Other massage therapy apps, such as Matago, are online marketplaces aimed at matching independent massage therapists with clients, without overseeing the actual details of the transaction it remains to be seen how such companies will be affected by AB 5 and legislation like it.

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