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Nail Salon Workers WAGE AND HOUR DIVISION 1-886-487-9243 UNITED STATES DEPARTMENT OF LABOR www.dol.gov/whd MINIMUM WAGE AND ARE YOU AN INDEPENDENT DEDUCTIONS: CONTRACTOR OR AN EMPLOYEE? • You must be paid at least the federal minimum wage Some salons incorrectly call workers of $7.25 per hour. “independent contractors” when they are actually employees. • Even if you are paid by the day or at a piece rate, your total wages must amount to at least the federal It is important for you to know the difference minimum wage for each hour worked. between the two because employees are legally • Your employer may make deductions for job-related entitled to greater health and safety protections, expenses such as uniforms, equipment rentals, or tools wages and benefits. but such deductions cannot reduce your pay below the A salon owner may call you an independent federal minimum hourly wage. contractor, or give you an IRS form 1099 instead • Some state laws require higher minimum wages and of a W-2, but this does not automatically make greater employee protections; employers must comply you an independent contractor. with those laws as well as the federal rules described here. We look at several factors to determine whether OVERTIME PAY: you are truly an independent contractor. • Generally, you must be paid 1-½ times your regular Do you: rate of pay after 40 hours of work in a seven-day workweek. • Rent a booth or station at a salon? RECORDKEEPING: • Purchase your own supplies and tools? NAIL SALON WORKERS • Employers are required to keep accurate records of all • Set your own schedule and pay rates? WAGE AND HOUR RIGHTS their employees’ daily and weekly hours worked and • Have your own customers who pay you wages paid. The Wage and Hour Division helps all workers in the directly? • You should keep your own records of your work United States, regardless of immigration status. hours and wages, and your employer’s name, • Have your own business license? As a nail salon worker you have the right to be paid full address, and phone number. If you answer “No,” to some or all of these and fair wages for all hours you work. Know your rights! It is illegal for your employer to fire you or retaliate questions, you might be an employee. against you in any way for contacting us or exercising Please contact us if you are not sure whether you HOURS WORKED: your rights. • You must be paid for all work performed whether or are an employee or an independent contractor. We If you believe your rights have been violated or you have not the employer approves the work in advance. will look at your job duties and other factors to any questions, call us at 1-866-487-9243. determine your workplace rights. • This includes time spent in training, traveling from We can assist you in your language. site to site during the day, and any work performed “off the clock.” Our services are free and confidential. WH1019 0515 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 1-800-321-OSHA (6742) UNITED STATES DEPARTMENT OF LABOR www.osha.gov concentrating. Exposures while pregnant may affect your THE RIGHT TO A SAFE WORKPLACE child. (Methyl methacrylate is banned in many states.) Employees have the right to a safe workplace. • Formaldehyde (nail polish, nail hardener): can cause Employers have the responsibility to provide cancer; difficulty breathing; asthma like attacks; allergic working conditions that do not put workers reactions; irritated eyes, skin and throat. at risk of serious harm. You have the right to • Toluene (nail polish, fingernail glue): dry or cracked skin; receive training and information on job hazards headaches, dizziness, and numbness; irritated eyes, and methods to prevent harm. Workers can call nose, throat, and lungs; damage to liver and kidneys; OSHA to ask questions, receive information or and harm to unborn children during pregnancy. file a complaint requesting an OSHA inspection if they believe there is a serious hazard. It’s illegal Getting Information about for employers to retaliate against you for raising Chemicals in Salon Products safety concerns, or calling OSHA. To ask questions or get more information, go to • Professional nail salon products that contain www.osha.gov or call 1-800-321-OSHA (6742). Stay Healthy and Safe hazardous chemicals must provide warning and It’s confidential. We are here to help. While Giving Manicures precautionary statements; • Salons must provide you with safety data sheets (SDSs) Scan this code with your smartphone to view and Pedicures for the products that contain hazardous chemicals. SDSs a comprehensive list of potentially hazardous list hazardous ingredients, how you can be exposed, chemicals and their health effects. Products used in nail salons can contain harmful chemicals. health and safety risks, and steps for safe use and Over time, repeated use or exposure to high concentrations storage. You have the right to ask for and receive a copy of these chemicals could damage your body or cause serious of the SDS. health effects. You have the right to working conditions that do not put you at risk of serious harm. Protecting Worker Health Hazardous Chemicals in Nail • Whenever possible, use less hazardous products. Some products claim to be made without the toxic Salon Products trio (toluene, formaldehyde, and dibutyl phlalate). Some potentially hazardous chemicals and their health • Ventilate salons and let in fresh air. Open doors effects are below (for a more comprehensive list go to and windows, always keep exhaust, heating and air www.osha.gov/SLTC/nailsalons) conditions system, and ventilation tables on; and use • Acetone (nail polish remover): headaches, dizziness, portable ventilation machines. irritated eyes, skin and throat. • Keep products off skin and out of eyes. Wear gloves • Dibutyl phthalate (DBP) (nail polish): nausea, irritated and goggles when transferring product; wear long eyes, skin, nose, mouth and throat. sleeve shirts; wash hands frequently and keep food • Ethyl methacrylate (EMA) (artificial nail liquid): away from chemicals. asthma, irritated eyes, skin, nose and mouth; difficulty • Safely store chemicals. OSHA 3796-05 2015.
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