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Nail Salon Manicurists File Overtime Suit

NEW YORK — After the New York Times reported widespread labor law violations in the nail care industry, two manicurists filed a class action lawsuit against their salon owners for wage violations under the Fair Labor Standards Act (FLSA). They alleged that their company paid them a flat daily rate in cash every week, failed to provide wage statements, and never provided mandatory meal or rest breaks.  Additionally, the suit alleged that the company regularly required manicurists to work more than eight hours a day and more than 40 hours a week without overtime compensation.

NY Emergency Measures for Nail Salon Industry

In an article titled “The Price of Nice Nails,” the New York Times reported widespread labor abuses in the nail salon industry in New York City.  The Times’ investigation found that a vast majority of workers are paid well below minimum wage, and sometimes are not even paid. Additionally, nail salon workers are generally considered “tipped workers” under state and federal labor laws, and employers in New York are permitted to pay such workers slightly less than the state’s minimum wage.  However, the Times found that this tip calculation is meaningless as none of the salon workers interviewed received supplemental pay from their bosses, as is legally required when tips fall short of the minimum wage.  Also, workers routinely worked up to 12 hours a day, six or seven days a week, without overtime.

After the article was released, the governor instituted emergency measures, such as requiring salons to publicly post signs that inform workers of their rights, including the fact that it is illegal to work without wages. The signs will be in languages most spoken in the industry.  Additionally, the state will begin a multi-agency enforcement effort to recover back wages and require salons to be bonded to ensure that workers can eventually be paid if salon owners underpay their workers.

Wage Rights of Nail Salon Workers

According to the Wage and Hour Division of the U.S. Department of Labor, nail salon workers must be paid for all work performed regardless of whether the employer approves the work in advance.  This includes time spent in training, traveling from salon to salon during the day, and work performed “off the clock.”  Additionally salon workers must be paid the federal minimum wage for each hour worked regardless of whether they are paid by the hour, the day, or by a piece rate.  Job-related expenses such as uniforms, equipment rentals, or tools cannot reduce wages below the minimum wage.  Finally, the nail salon industry is also plagued by misclassification, where salons classify workers as independent contractors when they are actually employees.

If you believe that your employer is not properly paying you for the hours you work, including any overtime, because you are misclassified as an independent contractor, you may have a claim under the Fair Labor Standards Act (FLSA). Our knowledgeable team of fair labor standards lawyers can be reached at (855) 754-2795. You may also complete our Free Unpaid Overtime Case Review form and our legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. Time is limited for filing wage and overtime complaints so it is important to call today!

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