The investigation into the horrible working conditions of New York City nail salon workers seems to have finally followed through in awarding back wages to underpaid employees. In a follow up written by the New York Times, the paper reported that salon workers have been awarded $1.1 million in back wages and several hundred thousand dollars in damages.

The settlement follows a scathing investigation written last year by the Times titled “The Price of Nice Nails,” which was credited with exposing the harsh working conditions of these drastically underpaid and exploited workers. The report found that many of these workers, who are primarily immigrants, were forced to work endless hours, and in some cases were even forced to pay their bosses for the work they performed in exchange for “apprenticeship.”

The Labor Department cited more than 40 percent of the salons the piece investigated, and some of the working conditions it documented were shocking. The New York Times writes,

One worker at a Manhattan salon was paid $30 a day for 10-hour shifts; another manicurist in Queens was paid only $200 for a 50-hour workweek; manicurists at seven salons were forced to work for no pay or had to pay salon owners a fee, ostensibly to learn the trade; several owners admitted to submitting fake payroll records in an effort to fool investigators.

Even though efforts are finally being made to remedy the situation, the challenges associated with the largely immigrant-run industry make proper regulation extremely difficult. As the Times pointed out, often times employees are paid off the books and lack competent knowledge of state labor laws. In fact, the Times found that 85 percent of the salons failed to maintain adequate payroll records.

These weren’t the only offenses discovered at these nail salons. The Times writes,

More than 10 percent of the salons illegally charged manicurists for supplies like gloves and nail clippers. One salon docked $50 from each worker’s wages every three months for items like gloves and nail polish.

The threat of retaliation from employers has prevented many of these manicurists from being completely honest with investigators on their working conditions. Even though damages and back wages are beginning to be awarded to these salon workers, the industry as a whole has a long way to go before it can move on from the intense scrutiny. I think it’s safe to say we can expect more fines to come as these investigations move forward.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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A scathing piece was released by the New York Times last week on the state of nail salon workers in the greater New York city area. Entitled “The Price of Nice Nails,” and written by Sarah Maslin Nir, the article described how many men and women who work in nail salons in New York are brought there illegally, abused, payed significantly less than minimum wage, and exploited. Now, New York Governor Andrew Cuomo has decided to take action.

Yesterday, Cuomo announced emergency measures to combat these systemic issues. These measures include a task force composed of multiple agencies. The task force will make sure that all nail salons are complying with the state’s laws. One particular focus will be on the safety precautions taken at the salons, as prolonged exposure to some of the chemicals and materials used can be dangerous. There will also be an education campaign launched, to ensure that workers know their rights. Given the multi-cultural mix of the workers in the salons, the education campaign will be conducted in six different languages.

One of the most prevalent concerns raised throughout the article were the incredibly meager wages the workers in nail salons were receiving. Often, workers weren’t even paid for the first few weeks or months of their employment. Many also had to pay the salon for which they worked when they first started–the salons called these payments “training fees.” Even when the workers had been there for a while, many were paid $30-$40 for a day of work, well below New York state’s minimum wage of $8.75 per hour. Moreover, not paying someone for their work, or requiring them to pay to work is patently illegal. One of the workers profiled in the article, Nora Cacho, provides a good example of the ridiculously low wages provided to nail salon workers. The piece states:

She frequently earned about $200 for each 66-hour workweek — about $3 an hour. In sandal season, if she was lucky, she left the shop with slightly more — $300 each week, she said. On snowy days, Ms. Cacho, who is part of a class-action lawsuit against the chain, would return home with nothing.

Part of the emergency response also includes requiring that nail salons pay workers those back wages that they never received. The order states that the salons can get a bond, or expand their insurance coverage to cover what will probably be pretty hefty amounts to pay out for many of the nail businesses.

Overall, this is certainly a step in the right direction, although the New York Times investigation raises serious questions about how such blatant and widespread labor law violations could have been happening without any sort of attention from the government. But, while Cuomo may be conducting damage control, this will aid those abused workers. That can only be considered a good thing.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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