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New York manicurists to get emergency protections against wage theft, hazardous chemicals

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Laura ClawsonTalk about journalism with an immediate impact. Last week’s New York Times investigation of labor law violations and unhealthy working conditions for manicurists in the city’s nail salons has spurred Gov. Andrew Cuomo to take sweeping emergency action:

Nail salons that do not comply with orders to pay workers back wages, or are unlicensed, will be shut down. […]Salons will be required to publicly post signs that inform workers of their rights, including the fact that it is illegal to work without wages or to pay money for a job — a common practice in the nail salon industry, according to workers and owners. The signs will be in half a dozen languages, including those most spoken in the industry — Korean, Chinese and Spanish. […]

Salons will now be required to be bonded — which is intended to ensure, through a contract with a bonding agency, that workers can eventually be paid if salon owners are found to have underpaid the workers. The move is an attempt to counteract the phenomenon of salon owners’ hiding assets when they are found guilty of wage theft.

Additionally, health and safety measures will be put in place, like requiring manicurists to wear gloves and masks and salons to be ventilated, while the Health Department will investigate the most effective health protections to incorporate into what will eventually be permanent policies replacing the short-term emergency measures.

Some of the abuses Sarah Maslin Nir’s investigation into New York City nail salons exposed may be especially prevalent in New York, where there are more nail salons per capita than in any other American city and where manicures cost below the national average. That might, for instance, make wage theft more common and more aggressive than in other locations—but that doesn’t mean it’s not happening in California and Illinois and Massachusetts, too, and states should take this as a spur to inspect their own nail salons. And the health hazards manicurists face similarly deserve a good hard look by state regulators. Customers might end up paying a couple dollars more for a mani-pedi, but we’re talking about workers’ lives here, and their ability to collect the pay they’ve legally earned.

This blog was originally posted on Daily Kos on May 9, 2015. Reprinted with permission.

About the author: The author’s name is Laura Clawson. Laura Clawson has been a Daily Kos contributing editor since December 2006. Labor editor since 2011.


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Your Manicurist is Likely Being Paid Illegal Starvation Wages

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Ariel ZiontsAfter investigating 150 nail salons over 13 months, New York Times reporter Sarah Maslin Nir found that “manicurists are routinely underpaid and exploited, and endure ethnic discrimination and other abuse.” The findings are presented in a long-form multimedia story and offered in English, Spanish, Korean and Chinese.

Nir followed manicurists who, after leaving their cramped living arrangements, hop into vans that shuttle them to nail salons in the city and even into different states. When they first begin work, many are forced to pay a training fee of around $100-$200, sometimes more. Many remain unpaid during an “apprenticeship period” until they can prove they are skilled enough to deserve payment, but this payment is usually below minimum wage.

Twenty-one-year-old Jing Ren’s story illustrates this process. She paid $100 in a training fee, then worked three months without pay before earning a wage of less than $3 an hour.

Because nail salon workers are considered “tipped workers” under state and federal labor laws, they can be paid below the state’s $8.25 minimum wage; employers are required to make up the remainder of the worker’s pay if their hourly rate comes out to below minimum wage. The investigation found that bosses rarely provide that legally mandated supplemental pay. Overtime pay is similarly rare for manicurists, who may work up to 12 hours a day, seven days a week.

Nir also found that manicurists’ pay is often taken away for minor transgressions. When 47-year-old Qing Lin spilled a drop of nail polish remover on a client’s Prada sandals, she was forced to pay for damages and fired from the salon she worked at for 10 years. “I am worth less than a shoe,” she stated.

Pay also can correlate to ethnicity. Nir found that Koreans are paid the most, followed by Chinese and Latino workers. Non-Korean workers Nir spoke with are sometimes prohibited from speaking and forced to eat in a separate location. Other documented abuses include workers being monitored on video, physical and verbal abuse and poor safety standards that lead to cancer and miscarriages caused by exposure to chemicals and dust.

Nail salon owners are rarely investigated or punished for their labor violations. New York’s Department of Labor investigates a few dozen—around 1%—of the over 3,600 salons in the state per year. When investigated, the department finds wage violations 80 percent of the time. The Times said all but three of the more than 100 workers they interviewed have had wages withheld in illegal ways.

Because many manicurists are undocumented and are often unaware of labor laws and speak limited English, many do not report on their bosses’ illegal activities.

Nir is hosting a Facebook chat on Monday, May 11 at 1 PM EST. Participants are asked to submit questions ahead of time. If you want an ethical manicure, the Times has tips on that.

This blog was originally posted on In These Times on May 7, 2015. Reposted with permission.

About the Author: The author’s name is Ariel Zionts. Arielle Zionts is a Spring 2015 In These Times editorial intern and freelance reporter. In August she will join the Interfaith Voices radio show as a producer. She studied anthropology at Pitzer College and radio at the Salt Institute for Documentary Studies. Arielle loves to ride her bike and listen to public radio. She tweets at @ajzionts and her website is ariellezionts.com.


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