San Mateo, CA - San Mateo Superior Court Judge Marie S. Weiner entered an order today granting preliminary approval of a class action settlement reached between current and former employees of the popular San Mateo County based nail salon chain, Natalie Salon, and the owners and operators of the chain.

The suit was filed on behalf of a class of approximately 125 current and former salon employees.  The complaint alleged that the chain failed to properly pay its employees minimum and overtime wages, took portions of employees' credit card tips, failed to provide adequate meal breaks, failed to keep proper time and pay records, and unlawfully discriminated against employees by prohibiting them from speaking Vietnamese in the workplace.  Natalie Salon denied the complaint's allegations. 

After the case was filed, Natalie Salon made positive changes to its employment practices and engaged in good-faith efforts to reach a fair resolution of the case.  In addition to paying the $750,000 settlement amount and adjusting its employment practices, the salon will allow and instruct their employees that they may speak Vietnamese at work and continue to post notices advising employees of their federal and state workplace rights.

 "Unfortunately, wage and hour violations and unlawful language restrictions are not uncommon in the nail salon industry," said Winnie Kao, litigation director at the Asian Law Caucus, and lawyer for the plaintiffs.  "It is a rapidly growing industry which employs large numbers of recent immigrants.  Many are unaware of their workplace rights and have limited access to legal services.  This settlement shows what can be accomplished when workers are willing to step forward to vindicate their workplace rights."

 
"Today's preliminary approval sends the message that working conditions for low-wage workers in this increasingly popular industry can and must improve," said Legal Aid Society-Employment Law Center staff attorney Fernando Flores, co-counsel for the plaintiffs.

"We are particularly proud to represent the lead plaintiffs who made this case possible and stood up not only for themselves, but for all of the salon employees," said Elizabeth Lawrence, partner at Davis, Cowell & Bowe, lawyer for the plaintiffs.      

Now that the Court has granted preliminary approval of the class settlement, court-approved notice will be mailed to class members advising them of their rights with respect to the settlement.  In reaching the settlement, Natalie Salon did not admit to any wrongdoing and committed to assuring compliance with applicable laws.  The Court will hold a final approval hearing in the coming months.