The High Price of Your Cheap Manicure: Overtime Hours Law
A recent New York Times article reported that New York manicurists are often exploited, underpaid, unprotected, and endure other abuses. Reporter Sarah Maslin tells of young Asian and Hispanic women lining up on the street corners along the main roads of Queens, waiting for vans to pick them up and drive them over to nail salons. These women bring their own lunch and packet of nail tools from salon to salon. Sometimes, recently hired manicurists pay the employer a fee – $100 according to the report – and work for just tips (no wages) until it is decided she is skillful enough to merit a wage. Unfortunately, these circumstances are not uncommon.
If you or someone you know believes they are being mistreated by an employer, contact an experienced and aggressive employment law attorney right away to preserve your legal rights.
Manicure Capital of America
The United States Census Bureau has estimated that there are more than 17,000 nail salons in the nation. New York City, alone, hosted 2,000 of those businesses in 2012. The New York Times investigative report found that the majority of the manicurists were paid below minimum wage – if at all – and endured tip deductions for minor mistakes, constant video monitoring by owners, and sometimes even physical abuse. Regrettably, employers are rarely reprimanded for labor and other abuses.
In 2014, the New York State Department and several other agencies conducted its first nail salon sweep, investigating 29 salons. One hundred and sixteen wage violations were found. Overtime hour law in New York requires businesses to pay employees overtime pay. In fact, this year Governor Cuomo announced emergency regulations for nail salon owners and workers in New York State. The aim of this regulation is to protect workers. Regulations demand proper workstation equipment provided by the employer – at no cost to the employee – including an OSHA-approved respirator that must be worn at all times, protective gloves (a new pair to be used for each customer), and protective eye equipment. A “Nail Practitioner Bill of Rights” must also be visibly posted at all times.
Overtime Hours Law Attorney
Oftentimes employers misclassify workers as contractors in an effort to avoid paying overtime hours law wages. Even if your employer states you are not entitled to overtime pay, this may not be true. Under the law an employee who is classified as a contractor may still be entitled to overtime pay depending on the nature of the work involved. If you or someone you know has been denied overtime pay, contact Ricotta & Marks, P.C. to learn more about your rights under New York overtime hours law. Call (347) 464-8694 for a no-fee initial case evaluation.