ATTORNEYS AT LAW

100 Park Avenue Suite 2500

New York, New York 10017
Tel (212) 453-5900 Fax (212) 453-5959
www.fordharrison.com

MICHAEL YIM
(212) 453-5936
myim@fordharrison.com

September 11, 2015

BY EMAIL AND REGULAR MAIL

Secretary Cesar A. Perales
New York State Department of State
One Commerce Plaza
99 Washington Avenue
Albany, New York 12231
Re:

Appearance Enhancement Industry Wage Bonds

Dear Secretary Perales:

This firm represents the Korean American Nail Salon Association of New York, Inc. and
the Chinese Nail Salon Association of East America, Inc. (together, the Associations). We are
writing to inform you that the Associations intend on filing an action to challenge various
regulations and agency actions concerning the imposition of the wage bond against the
appearance enhancement industry. We intend on filing the action on September 15, 2015
through the Associations litigation counsel, Consovoy, McCarthy and Park PLLC.
Please be assured that the Associations are committed to assisting the State of New York
in improving working conditions. The Associations members are largely first generation
immigrants that seek the opportunities that only the State of New York can provide. However,
the current manner in which the wage bond will be implemented will unavoidably have the
unintended and unfortunate consequence of causing far greater harm.
Surety companies are imposing unnecessary conditions unrelated to the States goal of
ensuring fair working conditions within the nail salon industry. We believe that over thirty
percent of nail salons would be forced to close down merely because they are small businesses
and immigrant owned. This would cause a loss of thousands of jobs and millions of dollars to
New Yorks vibrant economy. More importantly, these nails salons will be forced to shut down
before given an opportunity to demonstrate their commitment to the States goals.
The Associations have supported Governor Cuomos overall agenda with respect to the
nail salon industry. We are committed to creating a long lasting partnership that would enable a
stronger New York. The Associations and its members, however, need support and resources to
reach these shared goals. The wage bond, as implemented today, would only have a drastic,
disproportionate, and discriminatory impact on Asian immigrant business owners, especially
Asian women owners.

If there is a real opportunity to resolve this issue without litigation, we are available to
discuss this matter at your convenience.
Sincerely,

MICHAEL YIM