Opinions, please.

This is long, please bear with me.

My mother is a hairdresser in a chain salon. Her boss has, over the years: tried to deny lunch, offering fiber bars so they could keep working, does not allow employees to leave the building at all during work hours, has threatened to deny commission on the first haircut as "punishment" for being late, and has refused to install proper ventilation when the manicurist began to do acrylic nails. She also yells at my mother because she does not wear enough make-up. My mother is going through the change and when she gets hot the make up runs down her face. She'd rather wear none or very little than have racoon eyes in an hour.

The latest news is the new motivator the big boss has hired. She had a meeting with all the hairdressers explaining that they were going to cut commissions but not to worry because if they save x amount of dollars at 10% interest they can retire millionaires. 10%? My mother's question was what bank gives 10%? Never mind that she is 54 years old and will retire in ten years. And the motivator has decided that hairdressers need to be seen as professionals and to do this, has decided that they are no longer allowed to keep photos or momentos at their work stations.

So, my poor mother is working in what is close to a sweatshop environment. I keep trying to tell her that her boss is in violation of several things, FLSA on the commissions and probably OSHA because of the poor ventilation. I keep telling her that she has very valid complaints and that there are laws to back her up and protect her but she is reluctant to take action. So, I come to you for advice and back up, maybe if she sees what others in the HR field have to say, she'll have more confidence. She's not looking to have the place shut down but just to approach her boss with her issues.

Comments

  • 23 Comments sorted by Votes Date Added
  • I hate to be non-supportive of your position, but, FLSA doesn't address or concern itself with commissions as long as minimum wage is reached. You will, however, find regulations regarding tips and minimum wage and overtime and paid lunch breaks if work is done during those breaks. Nor will you find an OSHA regulation requiring ventilation in the case of nail polish or related smells. My daughter has a couple of friends who are 'hair dressers' and it sounds to me like these people can find a 'chair' at any of a hundred places in the area.
  • I appreciate your honesty and experience. She's not in a position to go to a new place, she's got a good steady clientel where she is. You bring up a good point about working through a break though, she is often chastized for not folding towels during her lunch break. It just breaks my heart to see her so upset so its hard for me to be objective.
  • Before you discount the OSHA reg, I would look at an MSDS for that acrylic stuff. I would be shocked if OSHA did not have a PEL for that stuff. I remember your posting about this a while back and I'm sorry that she is still going through this. Does your mom have friends that work in other shops? Are they treated this way? If she doesn't, could she try to find other hairdressers to talk to? Other than the OSHA issue, it does not sound like anything illegal to me either. It does sound like a terrible place to work, however. I hope your mom does whatever makes her happy.
  • I've seen some 20/20 or Dateline type shows on acrylic nails and the toxic chemicals that are used in some shops (well, I think all the chemicals/powders used in the process are toxic, but only some are considered illegal to use). As far as a certain amount of ventilation being required by OSHA, I am unsure but I will Google it and see what I can find out.
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-22-04 AT 07:00AM (CST)[/font][br][br]To mirror Don's comments, I wonder why your mother would want to stay in that environment. I doubt if she went in and said "my daughter, who works in HR, says you are doing things illegally" that the boss is going to cave in to her demands or requests. If the boss has gone so far as to hire a "motivator", sounds like the designated "hit man" on a hockey team, then they will not be easily persuaded to change their management style. If it were my mother, I'd say get out, find an employer that treats you with respect.

    Edit:
    Oh, I just saw your post above. Would some of her clients follow her?
  • I bet many would follow her but she had to sign some contract saying she would not work for another salon within so many miles of her current location. I'm not sure whether that would hold up, I guess its a kind of non-compete, I've never seen it.

    I've been trying to convince her to become a teacher at a vacational school - summers off, a few weeks vacation, benefits...

  • Make sure she got something in return for the non-compete. I just went to a seminar that talked about non-competes and if the employee doesn't get something in return (ex. when hired she received the job for signing, or if current employee they gave her a bonus) the non-compete does not hold up in court.
  • It sounds like your mother has been there a while. That can make it difficult for her to look at other options (other shops), as I'm sure she has her clientel and comfort level even though she is not happy with the working conditions.

    Unfortunatly, I have to agree with Don. I don't see any blatent violations of the law. You might check your state wage and hour laws to see if they cover commissions, breaks, etc. The business has the right to set the rules... if not why would they need HR departments?

    You might scout around for other openings in the business that your mother might apply for. A shop owner should be happy to get a mature worker with customers that may follow her to her new shop.
  • I too have to agree with everyone else. Your mother is just working for a horrible person.

    If she isn't allowed to take lunch breaks, then the shop owner can get on to her about not folding towels during what she may treat as a break.

    And while OSHA may not require special ventilation systems for nail salons, you can report bad air quality to them. But chances are, they aren't going to do anything about a small hair salon with a handful of employees.

    Honestly, although it will be hard to change jobs at this point, she needs to move on. It will be tough at first, but wouldn't she rather enjoy going to work each day and working for someone who will respect her?

    I think your energy would be better focused on helping her find something new, rather than try to change the evil dictator.
  • >She's not looking to have the place shut down but just to approach her boss with her issues

    From what you describe, your mother is between a rock and a hard place. Most "chain" salons are independent franchise operations, where the local manangement makes all the day-to-day operating decisions. If she were to bring up the issues, her employer probably wouldn't bat an eyelash and--most likely--would retaliate by getting rid of her for some "sham" reason that might sound very convincing from a business standpoint. You've had good advice from the other respondents--as hard as it may be to move on, perhaps it's time. If you have an attorney, have him/her take a look at that "non-compete" agreement also.
  • Your mother sounds like a sweet person who likes to give a good days work for a deserving pay and in a decent atmosphere. Plus she doesn't want to end up looking like Alice Cooper when the place heats up. But the workplace you describe does not seem reasonable and here is what I would do, although I don't know if your mother would be willing to go through with this:

    I would file formal complaints with OSHA (air quality), DOL (wages, etc.), and the EEOC (age discrimination). As other posters have said, the charges probably won't fly, but it will obviously enrage the management to the point of RETALIATION and that WILL fly. Retaliation cases go forward even if the source of the retaliation has been found groundless.

    Think of it, rad. A jury listening to your mother explain how these management bullies retaliated against her. They would be listening to her like it was their own mother and there wouldn't be a dry eye in the house, glass ones included. Your sweet mother would walk out of there with a sweet retirement.

    If she decides to go with it, come back to the forumites for some excellent advice on documenting and all that kind of stuff that will win it for your mother.

    Good luck!!


  • There is no middle ground. Your mother either has to put up with it because nothing will change, no matter how many times she mentions the issues, or do what Larry suggests - take 'em on with both barrels.
  • If the other hairdressers shared your mom's feelings about the work environment, she may want to consider meeting with them to discuss making a few recommendations. This would be protected activity although I doubt the boss would recognize that. He probably would flip a lid.

    Its possible that some of the other hairdressers might have even more damaging complaints (sexual harrassment, discrimination, etc).

    The hairdressers unite and with your help draft a letter saying we want this, this, and this or we go to the DOL, OSHA, etc with our formal complaints.

    If he retaliates against them, you add that too. My wife and I recently tried to put some blond highlights in my hair for fun and it ended up turnin half my head orange. I ended up at a hairdresser and the lady couldn't have been nicer about it. $40 later I am back to light brown and I am never doing that again. So I am feeling sympathetic for hairdressers, including your mom, at the moment.


  • Pictures, Paul. We want pictures.
  • Dear Rad's Mom:

    Things like this make me boiling mad. Fiber bars? WHO IS THIS WITCH? I don't care if there aren't laws in your state that require breaks, it's down right STUPID to deny workers meal periods when they are working all day. It results in myriad problems, just a few are poor morale, lower production, less customer service, fatigue, more accidents, etc. Studies have been done on this and reasonable people know breaks are good and necessary for healthy workers and profits.

    Any boss that yells is, in my opinion, a bad boss. Yelling at someone for not wearing make-up? That makes me want to scream. Change or no change, if a woman does not want to wear make up it is none of the boss's business, period. I can't think of a law that specifically addresses this - but no way is "you have to wear make up" a reasonable demand.

    The motivator sounds like a shark and a shister straight from an infomercial. He/she needs to get thrown under a bus.

    The only reasonable suggestion I can think of, is to get the heck out of there. Have an attorney review the non-compete and find out what your options are. Maybe you could teach at a beautician school - that might be a perfect fit after years of being in the field. Or just get another job at another place across town. I say this because, no matter what legal "stuff" you can get on the boss/motivator/business - it sounds like you're dealing with junk yard dogs. One thing I've learned about the latter is that they are not reasonable, they don't care what you have to say, and they will not change. They have certainly demonstrated that so far. Having a heart to heart is not going to do squat. Best to just put in the ole' two weeks and say "I wish you all the best".

    Best of luck to you, please keep us updated.

    Cinderella
  • Cinderella, I love the way you put it. WITCH and STUPID pretty much sums up this management.

    If they end up following Paul's advice and engage in concerted activity and draw some retaliation, the NLRB would be very interested.

    Boy, I think this is a plum any plaintiff's lawyer would love to have dropped in their lap.
  • I love the way you put things Cinderella. The funniest thing about the motivator is that she herself owned a salon that went out of business. My mother and I have our ideas about how she landed this new job but a lady doesn't say it out loud. x0:).



  • Rad! I'm shocked! I thought people who ran hair salons were, shall we say, not straight. Am I to infer from your remarks that she is....let me stop here.
  • Your poor Mom. I feel bad for her, and for you. All the choices will be hard ones for her, and the reality is that she may very well feel that the path of least resistance will be to do nothing.
  • Are there any male hairdressers working there? If so, does the boss yell at them for not wearing makeup? If not, I hear discrimination.

    Hey, I'm trying to help.
  • Good point but no, no males.
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