With the end of legislative sessions in New York With this year just around the corner, thousands of nail salon workers harbor the possibility that the state assembly pass a law that it would take a first step in principle to ensure that the manicuristas y pedicuristas can sit down to discuss better working conditions. And, in addition, aspire in the future to win the legal wage minimum of $15 per hour.
Civil rights defense organizations have been denouncing for years a model of exploitation and discrimination in an industry, whose majority of the workforce are immigrant women.
Therefore, this Tuesday, leaders of the Coalition for Healthy Nail Salons which integrates several organizations, took over the headquarters of the state capitol in Albany so that in the coming weeks the preliminary draft of the Nail Salon Minimum Standards Council Law (S-8166/A9398).
Like the struggle waged in the past by other sectors in New York such as the agricultural, construction and domestic workerswhich in many cases involved years of waiting, this new legislative proposal, unique in the country, presented in January 2022, also seeks to overcome a model of labor exploitation.
The bill that is expected to advance this year, with the support of both chambers, would create a nail salon industry council made up of workers, employers and government officials.
This new board will have broad powers to set new standards in 5,700 of these salons registered in New York, on topics such as wages, safety, time off, overtime pay, and training.
The maximum goal: $15 per hour
“We want to honor a historic debt and overcome this terrible labor scheme, where in most cases workers earn less than 50% of the legal minimum, with all the risks that this activity implies for health”, explained the Colombian-American senator Jessica Ramos who represents Queens and is one of the main sponsors of this initiative.
“Our goal is that at least these workers get the legal minimum of $15 an hour. !Nothing less!”Ramos said at the gates of the state legislature.
The five boroughs of the Big Apple have the largest number of hair salon workers and nail salon establishments in the state.
In addition, Westchester, Long Island, Rochester, Albany, and Newburg have the highest concentrations of salon workers and businesses, where the common denominator found in all research is long working hours, with terrible salary conditions.
That model, you know perfectly the Ecuadorian Maria Victoriano, who after 16 years working in these beauty centers, decided with her husband to create their own business. Today from the other side, not only as workers, but as job-creating entrepreneurs, decided to support this legislation.
“I know what it means to do nails from seven in the morning to 11 at night, without being recognized for overtime. Not having the proper protective material. you get fungus. That they do not pay you the legal minimum, “said María.
This immigrant who joined this clamor assures that a large part of the workers will never break their silence for fear of reprisals.
For his part, the Assemblyman Harry Bronson, president of Economic Development Committee of the State Legislature It also aspires that employees and businessmen can soon meet to find better solutions for this industry.
“Too many of our service sector employees, especially new immigrants, have been exploited for their work. I am pleased to join this coalition and Senator Jessica Ramos in sponsoring this worker rights legislation,” she stated.
21% of Hispanic workforce
Almost entirely, nail technicians, meaning manicurists and pedicurists, make up the vast majority of the workforce in this New York aesthetic industry, and the 85% identify as women.
According to some reports, 73% identify as Asian or Pacific Islander and 21% as Latino.
Despite the implementation of new protections for nail salon workers in the last five years, almost four out of five workers continue to experience wage theft, health and safety violations and discriminatory practices. the pandemic of COVID-19 exacerbated these conditions.
work only for tips
To Ecuadorian manicurist and pedicurist Magda López, 50 years oldAs businesses began to reopen with restrictions last year, a Manhattan nail salon owner issued a warning: “If you want to work, I can only give you a space to make your tips. Everything is very bad. I can’t pay by the hour!”
Magda’s eagerness to bring money into the house forced her to accept these conditions. After a year, although the clientele has increased, their conditions are the same.
“I have no other option. At the beginning there were days that after days of up to 8 hours it did not end not even with $40 in the bag”has regret.
For the immigrant, the weight of being undocumented has led her to remain in a scheme that describes “enslaving”. Although for her it is the only way to survive.
“It’s the only thing I know how to do. And I like. Now since this year the matter has improved. But I am still a long way from receiving the legal minimum. At least they give us masks. Before not even that”, he narrowed down.
For “Ana”, a Ecuadorian immigrant who works in a salon in Upper Manhattan, the “biggest problem” is not only low income, but also the “humiliations” to which they are sometimes exposed, both by the bosses and by the clients themselves.
“You practically work for the tip. There are clients that after you do an excellent job. That you change the appearance of his hands and feet, they are so inhuman that they leave you a dollar of ‘tips’. The other problem is that sometimes they demand that you should clean even the bathrooms of the living room And that is not your job originally,” she recounted.
“Ana” shares other bitter experiences: “I am very professional. And I know my job. All equipment here is disinfected. There are very clear health rules that the City oversees. But there are also cases where a client complains because a fungus has stuck to him. And she accuses us that she went here in the room. So, the compensation that the employer offers is a free service. And they don’t pay you for that!”.
“May we all win”
On the other side of this debate is the Dominican owner of a salon in the Avenida St Nicholas en Washington Heights.
“Most of the owners of these salons are not rich. We have small businesses. With the pandemic, many are still going through rent debts. We don’t want to exploit anyone.” said the islander who preferred not to reveal her name.
From this small businesswoman’s perspective, last year when beauty businesses were allowed to open after months, they had to make investments in biosecurity in the face of the new pandemic reality.
“I reached agreements with my manicurists. There are good days and bad days. Paying the legal minimum of $15 dollars for these businesses is impossible. At least immediately. Other schemes must be analyzed and we all win. We are not millionaire companies”, stressed the immigrant with 20 years in this sector.
For the executive decrees of commercial closures When the coronavirus appeared in New York, these nail salons, like hairdressers and beauty centers, were exactly 114 days closed. It is estimated that at least 10% of these businesses, could never open again.
What would this law achieve in particular?
- Specifically, the project Nail Salon Minimum Standards Council Law (S-8166/A9398). calls for the creation of bodies that will help establish new standards for the entire industry in the state of New York.
- The formation of a permanent industry council made up of workers, employers and business sectors would be authorized.
- Various representatives will meet to recommend new rules for nail salons.
- Key stakeholders from this industry will have a seat at the New York State Department of Labor table to shape new policies of this industry.
- The bill proposes the creation of an independent committee of economic experts that will be convened by the Labor Commissioner to design a new model of minimum prices for these services.
- It is proposed to address the prices “extremely low in the industry” that affects the ability of companies to comply with labor and safety laws.
In detail: the conditions of nail technicians
- 5,781 nail salons currently registered in New York, approximately 3,000 they are in the city.
- 30,000 technicians manicurists and pedicurists in NY.
- $13.74-$10.80 is the average earned per hour by nail salon workers in the Big Apple.
- 13,87$ in the rest of New York.
- 9 out of 10 manicurists they earn below the threshold of $13 an hour, below the legal minimum of $15.
- 22% of all these workers report having employer-provided health plans, compared to nearly 72% of New York workers overall.
- 88% of workers are immigrants39% speak Chinese and 19% Spanish.
- 82% of these establishments have five or fewer manicurists or pedicurists.
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