Lawsuit Accuses Flower & Nail Spa of Wage and Hour Abuses

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The operators of Flower Nail & Spa are the defendants in a proposed collective action filed by a former employee who alleges she worked more than 40 hours per week without appropriate minimum, overtime or spread-of-hours pay.

The plaintiff says she worked as a waxer, manicurist, pedicurist and masseuse at the New York salon from November 2015 to November 2018. According to the suit, the defendants applied an improper tip credit against the plaintiff’s wages, as she spent a considerable part of her workdays performing untipped “general salon work” unrelated to her position, including washing towels, cleaning tools and refilling supplies. The case also charges the defendants maintained a policy of misappropriating workers’ gratuities. To be eligible to pay an employee a reduced hourly wage, the suit explains, employers must allow workers to keep all tips they receive.

Adding to the plaintiff’s wage claims, the complaint says the woman was not reimbursed for out-of-pocket business expenses, such as the cost of tools used for waxing services. Lastly, the plaintiff alleges the defendants did not pay her on a regular weekly basis and failed to issue accurate wage statements.