Many manicurists in New York City and other parts of New York State are largely underpaid and overworked, and in some cases, they are not compensated at all during their first three months of employment. An investigation that was conducted by the New York Times revealed that several manicurists earn as little as $30 per day, and work very long hours, such as 10- to 12-hour shifts, without any breaks for meals or rest. It also discovered that many workers suffered health problems as a result of working with nail chemicals.
Because most of the manicurists in New York are Hispanic, Chinese, and Korean immigrants, many of whom are in the U.S. illegally, and speak very little English, they are easily exploited by their bosses, the nail salon owners, who are accustomed to exerting their power and control over the manicurists. The investigation prompted NY Governor Andrew Cuomo to declare the establishment of a task force that will conduct an investigation into nail salons, and formulate rules that will protect the health of salon workers.
In a lawsuit alleging labor violations by owners of four nail salons in NYC, two manicurists are seeking damages as well as class action status for the other salon workers. The lawyer for the manicurists told Reuters that they initiated contact with him prior to publication of the investigative stories in the Times. The lawsuit, called Fernandez v. Nailsway, Inc., claims that workers at the salons, called Nailsway, Naulo Nails, Nailsmetic, and Nailscure, receive compensation in the amount of $60 or less for 10 consecutive hours of work in one shift. They also do not receive meal or rest breaks.
However, many manicurists are unaware of their rights or even if they are informed that their rights are being violated, they are afraid to ask for help because of their immigration status. In addition, the chemicals in the nail polish and acrylic powders with which they work are toxic to their health. Several manicurists have suffered numerous miscarriages or have given birth to children who are developmentally disabled. Inhalation of the hazardous substances has also caused many manicurists to develop respiratory and skin ailments, Hodgkin’s disease, and cancer. It has been discovered that several manicurists in Oakland, California, most of whom are Vietnamese, have also suffered similar illnesses.
The investigation by the Times prompted NY Governor Andrew Cuomo to declare the establishment of a task force that will conduct its own investigation into nail salons, and formulate rules that will protect the health of workers. The new rules that will be required of nail salons are as follows:
- Salons must post signs making workers aware of their rights
- Salons must mandate that manicurists wear gloves
- Salons must have ventilation installed in order to protect workers from chemical fumes
- Salons must be bonded in order to make certain that workers are compensated in the event that salon owners are discovered to have committed wage laws violations.
If the salon owner has a contract with a bonding agency, then the workers can be compensated eventually if it is determined that the owner has underpaid them, or withheld payment from them.
The governor’s task force to combat wage violations by nail salon owners and health hazards suffered by manicurists is to be commended, as are the investigators for the Times. Implementing the proposed education program for manicurists in six languages in order to make them aware of their rights, will be both empowering and uplifting.
The salon workers will believe they have more control over their lives at work, and will feel safer from exploitation by their bosses. Furthermore, the fact that the agencies who are part of the task force will not ask about the workers’ immigration status, will encourage them to be more open and honest about any mistreatment that they face at work.
Should I Consult an Attorney?
If you think that your rights are being violated at work, or you are being mistreated, you should consult an employment lawyer who can navigate the labor laws, and help you recover any unpaid wages to which you are entitled, as well as secure damages for any injuries you may have suffered.
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