Opinions, please.
rad
1,163 Posts
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.
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
Edit:
Oh, I just saw your post above. Would some of her clients follow her?
I've been trying to convince her to become a teacher at a vacational school - summers off, a few weeks vacation, benefits...
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.
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.
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.
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!!
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.
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
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.
Hey, I'm trying to help.