An Overview of Nail Salon Employee Rights
It is important for employees to understand their workplace rights. Here’s everything you need to know about the rights of nail salon employees.
Employers must notify their nail salon employees of potential health hazards in the workplace. Proper notifications can include safety data sheets or training sessions. Nail salon employees have the right to full wages and fair hours, regardless of immigration status.
Workplace Safety Rights for Nail Salon Employees
Nail salon employees can develop health issues from repeated exposure to hazardous chemicals in the workplace, such as acetone in nail polish remover or formaldehyde in nail hardener. Employers must provide nail salon employees with safety data sheets detailing the health risks of handling hazardous chemicals. Under federal law, nail salon employees have the right to request safety data sheets and report potential safety hazards in the workplace. Nail salon employees who experience repercussions from their employer for reporting an unsafe workplace can file a retaliation complaint with the Occupational Safety and Health Administration (OSHA).
Related: Can an Employer Sue an Employee for Poor Performance?
Wage and Hour Rights for Nail Salon Employees
Immigration status does not affect a nail salon employee’s right to full wages and fair hours. It is illegal for a nail salon employee to earn less than the federal minimum wage. Nail salon employees who work more than 40 hours must receive at least 1-½ times their regular pay rate. Employers must accurately record their nail salon employees’ schedules to ensure each individual receives the correct wage amount.
Independent Contractors vs. Employees in Nail Salons
Incorrectly labeling a worker as an “independent contractor” instead of an “employee” can negatively affect a nail salon worker. The Fair Labor Standards Act (FLSA) provides employees with health, safety, and wage protections. Independent contractors can not reference the FLSA for minimum wage rights or overtime pay.
OSHA recommends nail salon workers ask themselves the following questions:
- Do you rent a booth or station at a salon?
- Do you purchase your own supplies and tools?
- Do you set your own schedule and pay rates?
- Do you have your own customers who pay you directly?
- Do you have your own business license?
Related: Reasonable Accommodations for Pregnant Employees By State
Nail salon workers who answer ‘no’ to any of the above questions may be employees and should consult their employer about receiving the correct workplace rights.
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