This spring, The New York Times garnered unprecedented attention with its expose on the horrific working conditions of New York City nail salons. Sarah Maslin Nir, “The Price of Nice Nails,” (May 7, 2015). The report revealed that exploitation of its mostly undocumented female immigrant work force, which included subminimum wages, wage theft, and exposure to hazardous chemicals on the job resulting in cancer and miscarriages, was the lifeblood of the industry. The public outcry that followed had an immediate response from both New York city and state officials demanding change.
While a myriad of laws exist at the state and federal level to protect undocumented workers from exploitation, discrimination and abuse, enforcement is often lax and many in the legal community have turned a blind eye, or worse, have watched undisturbed while their clients commit crimes against humanity. It is our duty as lawyers and legislators to make sure that our clients are aware of and are complying with employment rights and protections available to undocumented workers. While Gov. Andrew Cuomo acted swiftly by calling for a new multi-agency task force to examine the industries where abuse is most prevalent after the nail salon expose, without compliance and enforcement there will be no meaningful change.
