Ting’s AB 2437 will help ensure more ethical, safer nail salons in California
(SAN FRANCISCO, CA) – Civil rights advocates and nail salon industry reformers joined Assemblymember Phil Ting (D-San Francisco) in announcing that legislation to help nail salon workers and their employers understand labor laws was signed by the Governor.
“Nail salons workers are primarily Asian American immigrants who are consistently misclassified and don't know their rights,” said Ting. “With clear signage and education in their own language, workers can take the first step in fighting for their rights. The Bay Area has led the charge on nail salon reform and this new law will help nail salon workers across the state change the industry from within.”
Ting’s Assembly Bill (AB) 2437 requires nail salons to post signage about basic labor rights – such as minimum wage, overtime, meal and rest periods, tip or gratuity distribution, and protection from retaliation – in the language that salon workers can understand starting July 1, 2017. The notice will be developed by the California Labor Commissioner and must be posted in English, Spanish, Vietnamese, and Korean.
There are approximately 129,000 manicurists in California who, on average, earn $21,800 a year. Up to 80 percent are Vietnamese immigrants and many have limited proficiency with English. Many nail salon workers are also misclassified as “independent contractors.” Consequently, they are often paid under the minimum wage, work long hours without overtime, are often denied rest or meal periods, and mistakenly believe they are not entitled to worker’s compensation, unemployment, disability or social security benefits.
Additionally, although employers are responsible for providing a safe and healthy work environment for their workers, many manicurists routinely work with chemicals known to and suspected of causing severe and life threatening illnesses. In 2012, San Francisco launched the Healthy Nails Salon Program to recognize salons that treat their workers ethically and avoid toxic cosmetics. The Counties of Alameda, Marin, San Mateo, and Santa Clara have adopted similar programs.
“Due to language and cultural barriers among nail salon owners and employees, there remains persistent confusion about workplace law even with current postage requirements on work and labor laws,” stated Andrew Medina, California Policy Manager for Asian Americans Advancing Justice-California. “Ensuring that the postage is accessible in plain language and in the worker’s primary language is a necessary first step to forging a solution to address the rampant and unchecked labor violations inflicting our state’s nail salons.”
“This signage is a crucial starting point in shifting the work culture within nail salons so that all owners and workers can understand fundamental labor laws,” Tracy Nguyen, Organizer of the Oakland Nail Salon Project. “We look forward to building off this legislation and providing more mechanisms to enforce the law in order for all workers to be treated with fairness, dignity and respect.”
“AB 2437 helps to make the promise of language access provided by California law a reality for the predominately Vietnamese speaking nail salon community,” said Catherine A. Porter, Policy Director for the California Health Nail Salon Collaborative. “In so doing, it will help ensure nail salon workers and owners understand their rights and obligations under California labor law.”
Last year, the New York Times newspaper published a series about labor violations that nail salon workers often face - including being underpaid, being misclassified as an independent contractor, exploitation, being denied breaks and lunch periods and retaliation. In response, New York Governor Andrew Cuomo announced a multi-agency Nail Salon Industry Enforcement Task Force, and Connecticut shut down many nail salons for violating wage laws.