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Profession: An occupation that requires extensive education or specialized training; the members of a particular profession. The practice of massage involves skill and it can be an occupation, so it clearly meets the definition of a trade. A profession requires extensive education or specialized training.
However, in the corporate massage world, most service providers hire massage therapists as independent contractors, not employees. If your onsite massage company is one of the many that does not classify their California massage therapists as employees, your program may be at risk.
Massage therapy may not be among the highest paid industries, but it can offer a good return on investment for the tuition paid and there are other benefits to consider. Many massage therapists enjoy having the ability to work part-time, make their own schedules, and earn extra money alongside another job.
How AB 5 might affect licensed massage therapists isn't 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.
Because physical therapists and physical therapist assistants provide care directly to patients as contractors, under current law, they can no longer be independent contractors and must be employees unless they meet one of two criteria, recently passed into law under AB 2257.
Generally, massage therapists are independent contractors if they are used on a temporary basis, utilize their own equipment and supplies and are paid a set amount for a job.
How AB 5 might affect licensed massage therapists isn't 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.
Massage therapists who work for themselves typically sign an independent contractor agreement with the company where they'll be providing services. A contractor agreement states specific agreed-upon terms between the massage therapist and company, such as those affecting liability and confidentiality.