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