Lexadelic Nails

I’m thinking of making this a series. Let me know your thoughts! So, in my last video, I spoke a little bit about the “Dark Side” of the nail industry. Today, I will elaborate on “misclassification” of nail technicians by nail salons. This type of exploitation is far too common in the industry.

Most nail technicians are 1099’s aka Independent Contractors who work on 40% commission + tips w/o base pay of any kind. Salons bypass having to pay minimum wage, overtime, workers’ comp, taxes, benefits, or comply w/certain labor laws, by classifying them as independent contractors. Yet, treating them like employees. Even if they hand you a 1099 form, it doesn’t automatically make you an independent contractor. Nail salons that deliberately misclassify nail technicians are committing fraud & tax evasion, in my opinion, allegedly, of course ;)

Employee vs. Independent Contractor Overview
“Employees: Work for someone else’s business, typically work for 1 employer or may be prohibited from working for others, employer decides how and when the work will
be performed
Independent Contractors: In business for themselves, can increase profit through business decisions, decide how and when they will perform the work.” https://www.dol.gov/agencies/whd/fact-sheets/13-flsa-employment-relationship

Ponder these questions before taking that new gig. Will you:
“Rent a booth or station at a salon?
Purchase your own supplies and tools?
Set your own schedule and pay rates?
Have your own customers who pay you directly?
Have your own business license?
If the answer is “No,” to some or all of these questions, you might be an employee.”https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/NailSalonFlyer.pdf

The laws around 1099’s are still a bit of a gray area. Therefore, blurring the lines between workers and businesses. Nail salons that use misclassification, in order to cheat the system, exploit nail technicians and harm the industry they’re a part of. This nail technician knows her rights! Do you? 🧡