Gregoria Mendoza worked at a waxing salon removing hair from every part of her customers’ bodies for four years. She was frequently at work for six or seven days a week, working 11 hour days from 9 a.m. to 8 p.m.
But that hard work didn’t bring her many riches. In a lawsuit she and a fellow coworker filed last week, they accuse Uni K Wax, the salon where they worked in New York City, of compensating them only in commission without guaranteeing that they were at least making minimum wage or paying them extra overtime for putting in more than 40 hours at work.
“They don’t pay me a salary, they don’t pay me overtime, no vacation, no payment, no nothing else,” she told ThinkProgress. That meant that when business was slow, she was making as little as $300 a week — for a six-day week of 11-hour days, coming to just about $4.50 an hour.
She’s a single mother supporting not just her daughter but her parents, who live in the Dominican Republic. “Of course it’s hard,” she said of the low pay she received. “I’m the only person here to support my kid and my mom, my family. But I have to.”
There were other ways the waxing salon workers say they were cheated out of pay: both Mendoza and her co-plaintiff, Doricel Reyes, allege they were required to do 10 eight-hour days of training for which they weren’t paid when they started. They were also required to wear uniforms, but made to pay for them out of their own pockets — which is against New York labor laws. And they were only given short breaks for lunch in the middle of those long workdays. The salon could not be reached for comment, although UKW Franchising Company, the franchiser, noted, “It is of course our policy that all franchisees are to comply with all applicable laws.”
Mendoza is also suing over alleged religious discrimination. As a Pentecostal Christian, she had informed the salon when she started that she had to attend church services on Sundays. When it required her to work some Sundays, she agreed to do one shift a month. But then in February, she says the owner told he she would be required to be available to work every Sunday. She refused. “They told me…’I don’t want to hear that in my business,’” she said. “’That’s my rule, and if that doesn’t work for you I want you to give me two weeks’ notice.’” So she handed in her resignation.
Now she’s having a difficult time finding a new job. The work is so physical that she says at 42, she has pains in her legs and feet. “It’s not the same, my leg hurts,” she said. “For me, it’s hard to find another job now.” She’s also struggled to get unemployment benefits because the salon is claiming that she voluntarily left by handing in her resignation.
The beauty industry has come under scrutiny for its pay practices after a New York Times investigation found that workers in the city’s nail salon industry are usually paid less than minimum wage, with some not paid at all, and that the industry is riddled with wage theft. Nail salon workers have also sued employers over similar issues. Since the Times investigation, New York has promised more nail salon investigations, new rules to protect manicurists’ rights and health, and an education campaign around their rights, including a poster showcasing them that is now required to be hung where they can be seen by workers and customers.
The problems extend beyond waxing and nail salons too. Hair stylists are often misclassified as independent contractors, required to be paid more in taxes and denied the protection of many workplace rights. Surveys have found that they often aren’t paid minimum wage or overtime and are often denied breaks.