illegal or what?

[youngnailtech]

I'm new in the field, I'm 19 yrs old so I don't know a lot of laws of cans and cants. I've been working in the field since the first of this year 2014. I started in a salon, but quit. I've been at my salon for 3 months, both salons do things that I question. I'm working in a (Vietnamese nail salon)
- I make commission 50\50 (I'm okay with that) but on the slow days 2-4 clients you make below minimum wage. Is there a minum they SHOULD bre paying you if you don't make a certain amount each day? Like servers?
-working non-stop no lunch? Usually working past close
-one day off (the shop is closed Sundays that's the day off) usually work an hour and a half over close.
Mind you I've already asked for another fday off BC I just can't do this. They said no BC we are short handed (I work with 2 other people, 2 bosses husband and wife, someone that's been on maternity leave since Dec 2013 ive never met her they are still waiting for her to come back, and a person that is part time sunday-weds is her days of she usually calls the weds off every 2 weeks (she's been there since they have opened)(she is my bfs mom)). the week after me asking for the extra day they fired someone, then we were really really short handed, and they didn't push too hard to get someone in I actually contacted someone from my old salon that I herd quit and we hired her. I am still in that predicament, they seem to not be looking BC she is supposed to come back from maternity leave I don't think she is.....so I've been looking for someone to replace her I shouldn't be doing that, but I really need another day off.
I like where I work but I have no balance. I'm stressed and my body has no time to recoup. They are working me to the bone

ADVISE???
Is this illegal?

[Onykophile]

Nope. Not legal.

If you are an employee, you have to make minimun wage. They can pay you commission, but those commissions have to equal min wage for the hours you worked.

If you work 6+ hours in a day, they have to give you at least 1 half hour lunch break, but they don't have to pay you for it. And there should be a couple of 10-15 minute paid breaks in there too at some point.

Look up the labor laws for your state. Should be easy enough online.

Now the part where I diverge from the norm in thought: I don't, personally, jive with a lot of government interference telling businesses how to run their business and telling employees how to work. That means I think it ought to be up to YOU to put your foot down and say "hell no" but it also ought to be up to YOU to decide if you want to put in the kind of hours and effort to make the $$$ that someone who is self-employed gets to decide to do.

So realize that if you call the labor board on this salon, you are either going to lose your job, or make it very uncomfortable to work there. So decide which is most important to you-- you don't get to have your cake and eat it too. Pointing out the legal stuff isn't going to make a light bulb go off in their heads and suddenly turn them into better bosses.

But you have the power to say you need a 5 day/40 hour work week or you'll find it elsewhere.

BTW: You are an employee! No matter what they tell you, no matter how they have the paper work done-- if you weren't, they wouldn't be able to dictate your hours. End of story. So if they really want to convince you that you are NOT an employee, then just nod and smile and say, "OH! OK! I thought since you were dictating my schedule that I was. No problem. Here's my new schedule." And tell them when you'll be working from now on. :-)

[youngnailtech]

Okay, thanks much. Right now summer is the busiest time so I make enough ugh money I'm just trying to watch my butt for the winter. I will then be discussing the minimum wage thing and comission ....BC I know for a fact I won't make as much and I'll have to take whatever I can get. ( I was making less than minimum wage at my old salon here is okay for now)


Thanks for the repky

[PrecisionNails]

You need to be compensated legally, no matter what the season or how busy the salon. When you tolerate being mistreated, you make it harder to hold owners accountable.

Check this out:
http://www.thisuglybeautybusiness.com/20...eauty.html

And this:
http://www.thisuglybeautybusiness.com/20...-most.html

[plumgirl]

Just to clarify - minimum wage is hourly average during a work week, not by day. If you work Monday-Friday, the average of your comp needs to equal min wage for your total hours worked.

[artdesigninc]

Defiantly it is not legal.

However if we take 5 techs on this board and have them as equal partners and all work the same amount of hours and get the exact same hourly rate..... End of the week there will be a question if fare ness on the pay.

"Mind your business" each nail stage (nail table) is a business with in a business work it like you own it, so if you can get to a point that you can do 4days and still out all out her techs then they owner have to think twice to not fulfill any of your request.