Posted: November 17, 2016
An investigative piece published by The New York Times has unveiled the alleged widespread exploitation and abuse of manicurists in the New York metropolitan area. The Times interviewed over 150 manicurists and salon owners and found that most manicurists are given pay that falls below the minimum wage. Oftentimes, they aren’t paid at all. Manicurists must also endure other violations of labor law, such as working 10-to 12-hour shifts without breaks. Sometimes, they are subjected to verbal and even physical abuse.
At Eisbrouch Marsh, our NJ labor lawyers are deeply alarmed at these revelations. We would like to remind New York City and northern New Jersey residents that any form of workplace harassment, exploitation, or otherwise unfair treatment is not acceptable. Victims of workplace discrimination do have legal rights and options, which they can explore with the help of the legal team at Eisbrouch Marsh.
Manicurists file a proposed class action lawsuit
Some manicurists have already fought back against these unfair employment practices. Two NYC manicurists recently filed a workplace discrimination lawsuit. The lawsuit, which was filed in the U.S. District Court in Manhattan, names four area nail salons as defendants: Nailsway, Naulo Nails, Nailsmetic, and Nailscure. The lawsuit claims that the employees at the Upper East Side salons are routinely denied breaks and receive $60 or less in wages for 10-hour shifts. Legal experts expect more plaintiffs to join the class action lawsuit, which involves overtime and break claims dating back three years, and minimum wage claims going back six years.
As disturbing as the claims in this lawsuit are, many nail salon workers allegedly fare even worse. The New York Times points to classified ads for some nail salons that offer prospective employees a $10 per day starting wage. Some workers have even accused a Harlem nail salon of charging them for drinking water on the job and for refusing to pay workers at all if the work day was particularly slow.
The Times article has been substantiated by an investigation conducted last year by the New York State Labor Department and other agencies, which revealed 116 wage violations at the 29 nail salons they inspected.
Employment law and its violations
New Jersey labor lawyers can protect workers from all forms of workplace discrimination, harassment, and other unfair practices, including wage and hour disputes, sexual harassment, and disability discrimination. Workers should become informed of their protections under employment law, which include the right to receive overtime pay of one-and-a-half times the regular hourly rate for any hours worked past the 40-hour threshold each week.
Employers who violate employment laws may be named as defendants in a workplace discrimination lawsuit in New Jersey or New York. The plaintiffs may be awarded up to two years of unpaid back wages, along with monetary damages when the employer’s negligence or mistreatment was willful.
Protecting your legal rights
At Eisbrouch Marsh, our NJ labor lawyers strongly encourage workers to step forward if they believe they may be the victims of workplace discrimination. Our legal team will vigorously defend your legal rights and help you explore your options. By filing a workplace discrimination lawsuit against New Jersey or New York City employers, you may obtain the compensation you deserve.
To schedule your free, no-obligation case review at our office, call 201-561-8366.
Resources
- U.S. Department of Labor, Manicurists and Pedicurists, http://www.bls.gov/ooh/personal-care-and-service/manicurists-and-pedicur...
- NBC News, NYC nail salon workers file lawsuit over wages, http://www.nbcnews.com/news/asian-america/new-york-nail-salon-owners-plan-lawsuit-over-wage-bond-n426911
