New York, NY – Assemblymember Linda B. Rosenthal (D/WF-Manhattan) applauded Governor Cuomo’s announcement to address the exploitation of New York’s nail salon workers and called for swift passage of three of her bills (A.825, A.526 and A.5501) which together would help protect vulnerable nail salon employees against labor and wage violations. Assemblymember Rosenthal’s announcement comes on the heels of a New York Times exposé on the issue.

“Recognizing the unique plight of nail salon workers, I have been working closely with health experts and worker’s rights advocates to address the systemic problems specific to the nail salon industry,” said Assemblymember Linda B. Rosenthal. “The product of that collaboration was a package of bills, originally introduced in 2009 to protect workers against exposure to toxic chemicals and to empower them to assert their rights against unscrupulous employers.”

In 2009, Assemblymember Linda B. Rosenthal passed a law to require employers to allow nail salon workers to wear protective gloves and masks and require the employers to provide these at their own expense.

“Until my bill became law, many employers expressly prohibited nail salon workers from wearing gloves and masks and would even go so far as to punish those who did request the protective garb,” said Assemblymember Linda B. Rosenthal. “This law empowered nail salon workers, but was intended to be a first step. Much more needs to be done to ensure that nail salon workers, many of whom are new to the country or undocumented and speak English as a second language, if at all, are not exploited by their employers, looking to illegally enrich themselves on the backs of their hard working employees.”

Bill A.526 would ban the use of the “toxic trio” of chemicals, toluene, dibutyl phthalates and formaldehyde, in nail polish and hardeners. Toluene is a known human carcinogen and exposure has been associated with birth defects, and formaldehyde is a probable human carcinogen. Each of the chemicals is related to eye, skin and respiratory irritants, and has been linked to various nervous disorders, headaches, nausea, drowsiness and seizures. Nail salon workers who routinely spend 10-12 hours a day, and sometimes seven days a week, working with these chemicals must be protected against the effects of exposure.

Understanding the labor and wage abuses common to the nail salon industry, Assemblymember Linda B. Rosenthal introduced bill A.825, which creates a private right of action for aggrieved nail salon workers. Specifically, it provides these workers with rights to sue their employer for violations of labor and workers compensation law related to wages, hours and health and safety. In addition, it provides workers with protection against employer retaliation for asserting these rights.

In addition, Assemblymember Linda B. Rosenthal is also working with a broad coalition of labor advocates on legislation, bill A.5501, known as the SWEAT Bill (Securing Wages Earned Against Theft) to provide all low-wage workers, not only nail salon workers, with a means by which to enforce legal judgments for back wages against their employers.

“Though the Legislature passed an historic wage theft prevention bill last session, employees who win successful judgments against their employers for wage and hours violations are still left with no effective means to enforce their judgments,” said Assemblymember Linda B. Rosenthal. “Because so many employers, when faced with employees’ legal action, declare bankruptcy or reorganize their companies through a series of LLCs to escape judgment, employees who do win a judgment are left with an unenforceable piece of paper and hundreds or thousands of dollars in unpaid wages and overtime.”

Bill A.5501 would create an “employee’s lien,” modeled after the mechanic’s lien, which would provide aggrieved employees with a claim against the assets of their employer, just like any other creditor.

“Taken together, these three bills will complement the plans already announced by the Governor and I look forward to partnering with his office and the advocates to provide robust protection to nail salon workers,” concluded Assemblymember Linda B. Rosenthal.

Assemblymember Linda B. Rosenthal is the Chair of the Committee on Alcoholism and Substance Abuse, and represents the 67th Assembly district, which includes the Upper West Side and parts of the Clinton/ Hell’s Kitchen neighborhoods in Manhattan.