Why Salon Owners Use Non-Compete Agreements

A salon’s most valuable asset is its client database. We spend years building it, investing both time and money into its growth. As salon owners, adding to this book is a huge part of our job. It’s one of our core responsibilities. The salon’s success (and everybody’s paychecks) depends on it.

As salon owners, we have a duty to our clients to protect their contact information.

In the past, many salon owners required employees to sign non-compete agreements, assuming that the agreements would not only protect their client information but would also prevent their employees from working for or becoming their competition. 

The vast majority of the contracts I’ve reviewed over the course of my consulting career were not professionally written and would never hold up in court. Most were signed by independent contractors who were not actual employees, so the contract served as nothing more than proof that the salon owner was misclassifying their workers and trying to exert control with the threat of legal action. In the overwhelming majority of cases I’ve been involved in, the salon owner who wrote their own non-compete obviously did not understand that the agreement needed to be specific and reasonable to stand a chance at being enforceable. 

A contract prohibiting a salon professional from working “at any beauty-related business anywhere in the state for a period of 10 years” isn’t reasonable.

In addition to being a poor strategy for securing client data, non-competes foster resentment. Professionals don’t trust employers whose first move is to prohibit them from working anywhere else. A good deal of professionals sign them anyway, knowing they aren’t likely to stand up in court. It’s past time for all of us to stop playing this game.

Taking Data Protection Seriously

In an era where personal information is valuable and people are scared to share their email or phone number with every business that asks for it, each name on your client list is a small victory of confidence and good faith. In general, people with any level of tech-savvy are worried that anything they sign up for will lead to spam texts and scam calls. When clients are willing to share their info with you, you must treat it as a sacred trust. To keep that trust, you need to make sure that you are following proper security protocols when it comes to protecting your client list.

Any information a client provides to the business belongs to the business, and as the business owner, it is your job to keep that information secure.

Data theft prohibitions provide a clear and enforceable solution. They align with existing confidentiality and intellectual property laws, making them much easier to defend.

You’ll need to find an attorney, preferably one who specializes in employment law. They will ensure your agreements are legally sound, enforceable, and tailored to comply with your state laws. Once you’ve found someone qualified, explain that you require both a data theft protection agreement and a non-solicitation agreement.

Prohibiting Data Theft

A data theft protection agreement (also known as a data security agreement, data protection agreement, or data security agreement) will prohibit employees from stealing confidential client information. Before meeting with your attorney, get your needs and preferences on paper. This will help them understand the purpose of the agreement and hopefully reduce the amount of consulting required before they begin composing the draft.

Define what constitutes data theft. Your agreement should explicitly prohibit the following actions regarding the salon’s client database:

• Downloading
• Copying
• Photographing
• Transferring
• Printing
• Accessing for Personal Use
• Sharing 
• Altering with Malicious Intent

Provide notice of intent to prosecute violators. Make the consequences clear up-front. Any violation of the policy will result in disciplinary action, including termination of employment and prosecution for data theft. 

Require a signature. The agreement requires its own separate acknowledgment (“By signing, employees agree to comply…” yada yada, you know how it goes) and its own date and signature fields. Don’t merely stuff it into your employee handbook. Make sure to get that separate acknowledgment of receipt. 

Prohibiting Solicitation

With the data theft prohibition, you’ve made it clear that you consider information theft a crime and that you’ll exercise your legal rights to the fullest—now go a tiny bit further. Ask your trusted attorney to also write a non-solicitation agreement.

IN ADDITION TO PROHIBITING DATA THEFT, PROHIBIT CLIENT AND EMPLOYEE SOLICITATION.

We’re running professional businesses. Again: clients have entrusted you with their contact information. Nothing looks more unprofessional than a disgruntled former employee emailing everyone on your list, or—god forbid—making phone call after phone call to “inform” clients that they no longer work for you. And nothing feels worse than an employee secretly convincing half of your employees that they’d be “better off” working at the new salon they’re opening right down the street. 

A non-solicitation agreement prohibits any employee from attempting to lure the salon’s clients and employees from your business.

Define what constitutes solicitation. Just as with the data theft prohibition, this agreement should first define solicitation. Generally, solicitation refers to “any attempt to encourage, entice, or request clients or employees to leave the salon or do business with a competitor.” (Make the attorney who writes this for you work for their money by ensuring that the terms are in alignment with any guidelines in your jurisdiction.) 

Prohibitive conduct should include:

• Using any confidential information, including client contact information, to solicit business, and
• Encouraging or inducing any employee to join a competing business.

Acknowledge the employee’s obligation to keep proprietary information confidential. By signing, the employee is affirming that they are obligated to keep client lists and all contact details confidential and to never use such information for the purpose of solicitation.

Outline the consequences. Have your attorney guide you here. Legal remedies vary based on state laws and judicial interpretations.

Protecting Your Assets

These two agreements secure your legitimate business assets without unnecessarily restricting a worker’s ability to participate in the workforce. So long as the professional has agreed not to steal client data or solicit clients, you shouldn’t care if they take a job at the salon across the street.

Ethical salon owners do not hold industry professionals or clients hostage.

If you want to know how to handle the clients without looking sloppy or petty after a popular, established professional leaves, read my article: Who Do the Clients Belong To?

How to Secure Your Salon’s Client Database

Your client database is your salon’s most critical asset—protect it like it’s your social security number.

Control access. The management software you’re using should come with some kind of usergroup permissions controls. Generally, these systems allow you to categorize users by access level, ensuring that employees have access only to the information they absolutely need to have access to. 

• Salon professionals only require access to their schedule, which should show the client’s name and the service they’re booked for. If the software allows you to control report access, you may allow them to access their personal performance reports (but not those of any other employee). Professionals should never have access to client contact information or the ability to access/download the client database.
• Receptionists only require access to the schedule and client phone numbers. They should not have access to client email or home addresses, nor should they have the ability to access/download the client database.
• Salon managers require access to the majority of the software’s features, particularly employee scheduling and reports. They may require access to the salon’s client database, but they should never have access to features that allow them to download databases or manipulate administrative settings.
• Only salon owners require full admin access. As the salon owner, you should be the only user capable of accessing everything. Nobody else should have your password. Every time you leave a device, you must ensure to log out, requiring the next user to log in.

Getting Serious About Tech

If you’re like many of the clients I consult for who are only now moving from cash boxes and huge desk calendars to digital card readers and sleek tablets, you might be feeling overwhelmed by the software options available and how to configure them. 

Don’t feel bad—you aren’t the only salon owner who can barely operate their own email, let alone a sophisticated salon management software program. 

As a career salon manager and a salon owner myself, I’m extremely informed about and experienced with the majority of the industry’s leading systems. Book a consulting appointment today and I’ll be happy to help you find the solution that’s best for your individual business. I am not affiliated with any of the salon software companies (despite how hard all of them have tried over the last fifteen years), so all of my opinions and endorsements are fully based on my personal experience.

Fake News

While attempting to research this article, I came upon far too many opinion-based libertarian lobbying blogs, so I’m anticipating some severely misinformed questions in the comments—and I don’t blame anyone for them. The fear-mongering is ridiculous; I saw one writer lamenting the fact that “the new law” disallows workers from determining or waiving their status, but that has always been the case.

Workers can’t choose exploitative work arrangements that violate federal law any more than people can sign contracts agreeing to unlawful arrangements. 

Several writers argued that this is a “major change” that will bring disaster to workers, business owners, and the economy, but what they’re really telling you is how little they understand the world we’re all living in, where misclassification and wage theft are the default business strategy, not rare exceptions, and where business owners are not receiving the education, guidance, or support required to be both compliant and profitable. 

If you’ve been pushed to the brink of panic by these clowns, take a deep breath: at no time has the definition of the word “independent contractor” changed in this country. The rules provide guidance to help workers and employers understand the law (that is literally their entire purpose for existing), but the actual law in this area is very well-established. Only people who want to lean on ignorance as a defense for their bad behavior consider clarity a threat to their freedom. 

The DOL’s rule change simplifies classification, making it more accessible and comprehensive. This should make violations far less likely, which is a win for everyone involved.

The “new” method is more illustrative; it explains itself fairly well. The way each factor is broken down and clarified—with two examples for each—should make it easier for employers to recognize improper use of the independent contractor classification and avoid the consequences associated with misclassification. 

The Difference Between Laws and Rules

The first thing you need to understand is that laws and rules are not the same thing, and anyone attempting to conflate the two deserves serious side-eye.

Laws are codified by legislative bodies (state or federal) and must be adhered to by everyone who falls under that legislature’s jurisdiction.

Rules are detailed frameworks developed by various government agencies to provide guidance. They clarify the law so the public understands how to comply and so the judges who must enforce the law understand how they are applied in practical scenarios. Various agencies are required by law to enforce these rules. (A judge can’t decide not to apply these six factors, for example.) 

The core legal definition of an independent contractor under the FLSA hasn’t fundamentally changed.

The rules help to clarify the DOL’s position and provide insight into how the law should be interpreted and applied; the rule change doesn’t change the law itself. The statutory law and underlying regulations here are very much the same—only the analytical lens through which worker classification is determined has been changed.

Brief History of Worker Classification Guidelines

In 2021, the DOL moved from a five-factor “economic reality” test to a system weighing two core factors: the nature and degree of control the employer had over the work, and the worker’s opportunity for profit or loss. 

The DOL believes this approach didn’t “fully comport” with the text and purpose of the FLSA as interpreted by the courts because the rule included provisions that conflicted with longstanding case law and the established guidance provided by the DOL. Overall, the rule narrowed the test by excising factors the DOL considers relevant when making a determination about a worker’s status. Plus, it departed from decades of case law, which could confuse workers and business owners. 

For those who know a thing or two about US labor and employment laws, the real problem was the prohibition against examining whether the work performed was “central or important” to the employer’s business. It’s a pretty critical element to consider. 

Ultimately, the tests are similar in the following ways, per the DOL’s FAQs:

Both rules identify economic dependence as the “ultimate inquiry” of the analysis; both rules provide a non-exhaustive list of factors to assess economic dependence; and both rules caution that no single factor is determinative. Both rules also clarify that economic dependence does not focus on the amount of income the worker earns, or whether the worker has other sources of income.

The important thing to know is that none of this is likely to negatively impact anyone who was in compliance to begin with.

Per the WHD’s guidance regarding the 2024 Worker Classification Rule:

The Department emphasized that “because this final rule is aligned with longstanding case law, the Department does not anticipate that independent contractors (who sometimes also self-identify as freelancers or small/micro business owners) who are correctly classified as independent contractors under current circuit case law would be reclassified applying the guidance provided in this rule.” 89 Fed. Reg. 1659. 

If your practices currently align more closely with the looser 2021 Rule, it’s time to reevaluate to ensure you’re still in compliance.

The Six-Factor Test for Determining Worker Classification

Factor 1: Opportunity for Profit or Loss Depending on Managerial Skill

Does the worker exercise managerial skill that affects their economic success or failure? Can the worker negotiate the pay, determine whether they accept or decline jobs, and choose the order and/or time in which the jobs are performed? Does the worker engage in marketing, pay for advertising, or take efforts to expand their business or secure more work? Does the worker have the authority to hire others, purchase materials and equipment, or rent space?

• Interpretation: This factor evaluates whether the worker actually exercises independent effort and decisionmaking, without the employer’s influence or an expectation to comply with the employer’s requirements or limitations.
• The Focus: Does the worker call the shots when it comes to their business, or is their independence theoretical at best?

Factor 2: Investments by the Worker and Employer 

Are any of the worker’s investments capital or entrepreneurial in nature?

• Interpretation: Costs borne by a worker to perform their duties are not considered evidence of capital or entrepreneurial investment. This factor examines the degree to which the worker makes investments in their own business’s growth. 
• The Focus: Does the worker make similar types of investments as the employer or investments of the type that would allow the worker to operate independently in the worker’s industry or field?

Factor 3: Degree of Permanence of the Work Relationship 

Is the work relationship indefinite or continuous in duration?

• Interpretation: This factor examines the nature and length of the work relationship.
• The Focus: How independent is the worker, as a matter of economic reality?

Factor 4: Nature and Degree of Control 

Who sets the worker’s schedule? Does the employer supervise or monitor the worker’s performance? Is the worker limited or prohibited from working for others? Who sets the service prices? Who controls the marketing?

• Interpretation: This factor aims to determine whether the worker has sufficient autonomy to be considered an independent contractor.
• The Focus: How much control does the employer have over the performance of the work and the economic aspects of the working relationship?

Factor 5: Extent to Which the Work Performed is an Integral Part of the Employer’s Business 

Is the work critical, necessary, or central to the employer’s business? 

• Interpretation: This factor does not depend on whether any individual worker in particular is an integral part of the business. 
• The Focus: Is the work they perform an integral part of the business?

Factor 6: Skill and Initiative 

Does the worker use specialized skills to perform the work? Do those skills contribute to business-like initiative? Is the worker dependent on training from the employer to perform the work? If the worker brings specialized skills to the work relationship, it indicates that the worker is an independent contractor.

• Interpretation: Any worker can be skilled, so the fact that the worker is skilled doesn’t indicate one status or the other.
• The Focus: Does the worker use their skills in a manner that evidences business-like initiative? 

The Totality of Circumstances

None of these factors alone are considered definitive. Instead, the DOL looks over the totality-of-circumstances, analyzing the entire working relationship before making a determination.

The primary question the test seeks to answer is this: As a matter of economic reality, is the worker dependent on the employer for work, or are they truly in business for themselves? (See: Fact Sheet 13.)

According to the DOL’s announcement (which I recommend reading in full), the March 2024 Rule returns to “an analysis that is more consistent with judicial precedent and the Act’s text and purpose.” Once again, these are not “new laws,” they merely clarify the application of existing laws. 

Regardless of your situation or position in the salon, it’s worthwhile to read every bit of guidance provided, whether the law itself is changing or not. (I say it a lot, but know your rights.) Once you understand the factors, you’ll know misclassification when you see it. 

In case you missed it, back in June of 2023, Christine Geiger, a salon owner in Traverse City, Michigan, decided to drop the following “hot take” via her salon’s Facebook page:

“If a human identifies as anything other than a man/woman please seek services at a local pet groomer. You are not welcome at this salon. Period. Should you request to have a particular pronoun used please note we may simply refer to you as ‘hey you.’”

One can assume she must have thought she was being very clever and very funny, but shortly after, three people filed certified complaints. Christine doubled-down, saying she “has no problems with the LGB. It’s the TQ+ that I’m not going to support,” she posted. “For those that don’t know what the + is for, it’s for MAP (Minor Attracted Person aka: pedophile).” 

The plus sign in the LGBTQ+ acronym is actually a placeholder for queer identities who don’t neatly fit into the acronym, but none of them are in any way holding space for child abusers. 

Christine defended her stance, saying small business owners should be able to serve whomever they wish. Given the timing, she was likely emboldened by the Supreme Court’s ruling involving 303 Creative, a web designer who refused to make wedding websites for same-sex couples, saying it would violate her sincerely held religious beliefs because, by doing so, she would be forced to express a message celebrating and promoting a conception of marriage that she believes is contrary to God’s design. 

The court held that a person’s First Amendment rights would be violated in situations where they are forced to express a message contrary to their religious beliefs. The court did not say that business owners may ignore state or federal anti-discrimination laws. The constitutional carveout applies only to expressive conduct: behavior designed to convey a message. (It’s also important to note that the case was based on a theoretical scenario; there were no actual aggrieved customers involved.)

As the news about Christine’s Facebook post spread—first in Traverse City community groups and then nationally—protesters stood outside the salon chanting and holding signs. The salon’s Google and Yelp pages were flooded with negative reviews. Christine’s distributor, Jack Winn Pro, revoked her authorization to represent their brand or sell their products. 

“Jack Winn Pro strongly believes in and supports LGBTQ+ rights. We are committed to creating an inclusive, respectful environment for all – regardless of sexual orientation, gender identity, or any other characteristics that define who they are,” the company posted. 

Apparently this free speech Christine did not like very much. She attempted to sue Traverse City and the three people who filed complaints (whom she accused of being “state actors”). 

After a brief attempt at turning her salon’s Facebook page into a “political memes page,” Christine made her business’ social media accounts private. Phone calls to the salon went straight to a voicemail box that was not accepting new messages. 

A business that chooses to sell to the public assumes a duty to serve the public without unjust discrimination.

Justice Sonya Sotomayor

Christine’s case against Traverse City and the alleged “state actors” was dismissed last week.

Today, we’re going to talk about freedom of speech, gender diversity, and how to navigate social shifts that might be a bit hard to adjust to if the only information you’re receiving is from biased partisan sources. Ultimately, this post aims to correct any misinformation you may have been exposed to. 

This article provides a basic overview explaining how gender differs from sex, why you should care, and how you can ensure your salon is an inclusive place of public accommodation.

What Freedom of Speech Is (and Isn’t)

The first and most important thing to know is that freedom of speech doesn’t guarantee you immunity from consequences. The First Amendment is why you can complain about your government without fear of secret police pulling up in a windowless van and snatching you up off the street. It’s why Congress can’t mandate church attendance. It’s why people like me can post things on the internet without running them past a government censorship board for approval first. It’s why people were allowed to pick up signs and protest outside Christine’s salon. It’s why Christine and others like her can petition the government when they feel it’s not acting in their best interests.

The First Amendment does not shield all forms of expression unconditionally.

The US has a high threshold for restricting speech, but certain categories of speech—direct threats, incitement, obscenity, and defamation—are subject to regulation. Christine Giger’s dehumanizing FB post is hate speech (“abusive or threatening speech or writing that expresses prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds”), which is not constitutionally protected.

As a private citizen, there’s nothing stopping Christine from expressing her views, but she operates a business—a place of public accommodation—and she conveyed a discriminatory message through its social media profiles. 

Places of public accommodation (which Studio 8 most certainly is) are not allowed to discriminate against protected classes, as outlined in Title II of The Civil Rights Act of 1964. 

The Civil Rights Act is why you can’t ban Black or Hispanic clients. It’s why you can’t refuse services to Muslims, French people, or everyone presenting as male. Christine may not “want the woke dollar,” but if a business chooses to profit from the public market, which is established and maintained by the state, the state may require the business to abide by a legal norm of nondiscrimination.

Unfortunately, our federal government hasn’t yet included transgender people in these protections, but Christine’s state of Michigan sure has.

Michigan’s Elliott-Larsen Civil Rights Act prohibits discrimination in employment, housing, and public services based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. The Elliott-Larsen Act was amended in 2023 to add greater protections over sexual orientation and gender identity. Unfortunately, the legislation did not take effect until February 2024, long after Christine made a strong case for the amendment’s necessity.

Understanding Gender Identity

For the rest of this section, I’m going to assume that you (the reader) know almost nothing about the queer community. (If you already know these things, consider this a refresher.) Let’s get some foundational facts out of the way:

Biological sex and gender identity are not the same thing. 

Biological sex refers to chromosomes, hormones, and genitalia—features none of us chose but all of us are born with. Biological sex is typically binary—male (XY) or female (XX)—but exceptions do exist (we can leave that to the geneticists, all you need to know is that biological sex itself isn’t quite as binary as most people believe).

Gender identity is a complex and multifaceted concept relating to social roles and expectations surrounding the concepts of “masculine” and “feminine” within our culture. Over the years, society has come to recognize and acknowledge a spectrum of gender identities, each unique and valid in its own right. Regardless of your biological sex, your identity sits somewhere on this spectrum (masculine at one end, feminine on the other, and non-binary in the middle).

Many people are cisgender, meaning that they identify with the gender role associated with their biological sex, and they don’t feel caged by the expectations society imposes on people with their biological sex.

Transgender people, by contrast, do not feel their biological sex and gender roles are in alignment. (Yes, it really is that simple.) 

Traditional gender roles assert a heteronormative patriarchal system, where people must dress and behave a certain way based on their biological sex. These rules are messy, complicated, and constantly changing. However, we have been pushing against the borders of these restrictive boxes for decades. Katherine Hepburn offended and outraged the public by wearing pants (“the gateway drug to female perversion”) in the early 1930s. More recently, Billy Porter slayed in a tuxedo dress at the Oscars in 2019. We are no longer content to “push” these arbitrary and oppressive boundaries; we are dismantling them entirely.

Hepburn did a radical thing by refusing to wear dresses in the 1930s, when women were arrested for wearing pants in public and charged with “masquerading as men.” This fact—that women were arrested by police and sent to jail for wearing trousers—seems absolutely ludicrous to us now, as it should.

This is America, land of the free. 

If you genuinely believe in freedom of speech and freedom of expression (as Christine claims to), you should also believe that people should be free to wear whatever clothing they want, just as they should be free to use whatever pronouns they want. 

At no point, in any of this, are you required to endorse pedophiles: literally nobody is doing that, and if they are, they should be reported to law enforcement immediately.

The patriarchal gender role system was designed to reinforce male dominance and control over women. These structured gender roles placed men in positions of authority and control in both the public and private spheres. Until the 19th century, laws reflected and enforced male dominance. Women were denied the right to own property, enter contracts, or vote. Women were socialized into submissive and nurturing subservient roles, denied opportunity and education, creating conditions that, in addition to forcing heterosexuality, were designed to keep them dependent on men, be it their fathers or husbands. 

This is our history, but these beliefs have no place in our modern society, especially in a country that values equality and freedom of expression as much as ours. Countries that weaponize the law against their citizens based on their biological sex are not nations where any American who values freedom of expression and personal autonomy would want to live.

So, to recap:

• Forcing people to wear clothing based on their biological sex is silly.
• Forcing people to adopt attitudes, values, and sexual preferences based on their biological sex is silly.
• Forcing anyone to conform to a set of nebulous, arbitrary societal rules and expectations based on the biological sex they were assigned at the moment of conception is absolutely silly.

The problem we have as a country is that most people can clearly see the first two ideas as backward and archaic, but some—like Christine—are still struggling to grasp the third.

The Importance of Inclusivity in Salons

Beauty salons and barber shops have a long, rich history as inclusive community spaces where political discussion and grassroots organization happen. From the days of the Madam C. J. Walker Company, change has taken root in our chairs—the women’s liberation movement, the civil rights movement, and now, the LGBTQ+ rights movement. Beauty salons have played a huge but hidden role in shaping our society. 

Salon owners are community leaders, and we should not take that for granted.  

As beauty professionals, our entire business is about personal expression. People come to us because we can make their outer appearance consistent with their inner identity. This is the core of what we do. Personal expression is a fundamental aspect of individual autonomy, and infringing on that right of expression is at extreme odds with our core values of personal freedom and empowering individuality. 

Opposing anyone’s human right to be who they are runs counter to the fundamental ethos of our industry.

Salon owners have an ethical responsibility to create a welcoming environment for all. A discriminatory environment undermines public trust, but it’s also a betrayal. Christine and others like her reflect negatively on those of us who are working hard to ensure our profession is held in high esteem. (I hope I’m conveying exactly how disgusted I am—because I do take this personally, and so should you.)

Every human being who walks into your salon deserves to be treated with respect and dignity. This is what it means to be a professional. 

Salon owners who discriminate face a variety of very unpleasant legal consequences. For instance, Michigan salon owners who publicly share Christine’s sentiment would run afoul of the Elliot-Larsen Civil Rights Act. Individuals who can prove they were discriminated against could file civil lawsuits, pulling the salon owner into lengthy and tremendously expensive proceedings that will certainly destroy the salon’s reputation and its budget. Federal agencies could step in and impose penalties or force the salon owner to take corrective actions.

Inclusivity Best Practices for Salon Owners

Alright, now we can talk about how you can create an inclusive salon that welcomes and supports everyone. 

Advertise inclusivity. When you’re part of a privileged class, it’s easy to overlook or underestimate the challenges and fears faced by those who routinely experience discrimination.  It can be incredibly difficult to fully grasp the depth and breadth of the obstacles and anxieties that individuals from discriminated-against groups endure daily. At this point in our nation’s development, it isn’t enough to silently consider your salon a safe space. 

Visible signage advertising inclusivity is a powerful statement of support and a commitment to creating a safe and welcoming environment for all clients. 

Creating client-facing non-discrimination policies is a great start, but marginalized clients are more likely to notice overt invitations (a cute flag or a window cling, for instance). This signage significantly reduces the anxiety and hesitation a trans person might feel about entering a new space.

When possible, show inclusivity in your marketing materials too—and please don’t limit it to the performative song and dance every business does throughout the month of June.

Every month is Pride Month if you’re truly an inclusive business.

Eliminate sex-based pricing. If you haven’t done away with sex-based pricing ($15 for men, $50 for women), now is the time. 

While sex-based pricing isn’t universally illegal, in some states, general consumer protection or anti-discrimination statutes might be interpreted to cover gender-based pricing, particularly if such pricing can be demonstrated to be discriminatory without a basis in significant differences in the cost or delivery of the service. California passed the Gender Tax Repeal Act, which made it illegal to discriminate against customers based on their gender in terms of pricing. Businesses in California must provide a price list for services, and any price difference must be based on the amount of time, difficulty, or cost of providing the service, not the customer’s sex.

My colleague Jaime Schrabeck and I have advocated gender-neutral pricing for years. If you want to learn more about why, read this article Jaime wrote for Nailpro. (Both of our salons have gender-neutral pricing, so if you have any questions, feel free to drop them in the comments.)

Train your employees on LGBTQIA+ issues, terminology, and sensitivity. If you felt a twinge of discomfort at the thought of having to gather your employees to discuss how to treat queer people like human beings, that’s exactly why you need to do it.

In the US, a lot of trans people still feel uncomfortable coming out, for good reason. Transgender individuals face disproportionately high rates of violence compared to the cisgender population. In 2022, the U.S. Transgender Survey by the National Center for Transgender Equality found that 47% of transgender people have thought about moving to another state because their state government considered or passed laws that target them for unequal treatment.

In Conclusion

Change is hard. I’m from a small town populated almost entirely by sweet, church-going snowbirds and retirees, so I know how strange and overwhelming this can seem to people who don’t often interface with “the gays.” The concept of gender is so ingrained that seeing anyone subvert our expectations can be alarming at first. Hateful and false rhetoric amplifies the fear and confusion, encouraging our worst impulses.

It’s up to us to do better; nobody said it would be easy.

I understand that this can be hard, but do you know what I would argue is harder? Being the parent of a trans kid, having to worry about the Christines in this world, who are quick to categorize them as subhuman perverts and sexual deviants.

It’s easy to stay silent while people make racist, sexist, xenophobic, homophobic, or transphobic remarks in our chairs or in the break room. It costs us nothing to be neutral, to save ourselves from ridicule or judgment, to protect our salons from becoming collateral damage in a perpetually aggrieved client’s quest to be Facebook Villain of the Day. As a salon owner, I get that. I truly do.

I’m asking you to do the hard thing anyway, because it’s the right thing to do, and now is the time to do it. Make an effort to learn. Maybe also take a second to recognize and respect your professional “ancestors,” who understood that our salons are sacred, intimate spaces where people from diverse backgrounds come together to share and exchange ideas. Catalyzing shifts in societal norms is an important part of our industry’s history and our role in American society. Our communities and our kids deserve nothing but the best from us.

Now is the time to start seeing other people as humans whose chromosomes don’t dictate who they are allowed to be. Appreciate the things that make us individuals. If your love for other people is conditional on them being the exact person you want them to be, figure out why that is. Genuinely try to understand your discomfort, preferably with help from some queer allies who are open to answering any questions you have. 

Additional Resources

If you want to learn more about the history of the trans community in the beauty industry and how you can be a better ally, here are several links to get you started: 

The Salon Professional Academy – Gender Equality in the Beauty Industry
PBL Magazine – Why The Beauty Industry Needs To Do More For Trans And Non-Binary Clients
Salon Services Pro – How Are Salons Creating Safe Spaces?
Boulevard – The Ongoing Legacy of Trans Women in Beauty 
Al.com – Jody Suzanne Ford, trans Birmingham hairdresser shot to death in 1977, paved way for others to live unafraid

In some ways, I sympathize. None of us should be forced to learn skills we don’t need. I get it. I really do.

But unlicensed people don’t get to argue that professional licensing shouldn’t exist. Without a license, Jasmine doesn’t have the training to understand all of the risks an unlicensed person in a salon poses to the general public or the massive liability they pose to the salon owner. 

It’s true that licensing requirements were heavily lobbied for and influenced by for-profit beauty academies looking to bloat their bottom line, but regulations requiring education and licensing were also created to attempt to solve problems and establish a shared value system around objectively good practices.

While each state has different regulations, most overlap in a few key areas. By and large, every regulated state agrees:

• Clients have the right to expect a clean and safe salon experience.
• Those seeking to enter the beauty industry have the right to an education sufficient to guarantee that they can competently perform their duties in the salon while protecting themselves and the public from communicable disorders.
• Professionals and clients have the right to a clean, compliant workplace.
• As an industry, professionals are obligated to ensure all of the above or face penalties including fines, license suspensions, and—in extreme cases—permanent license revocation.

Our state board regulations ensure that professionals and clients alike understand how and why we disinfect our tools between clients, what the standards for salon cleanliness are, what licensing documentation they should expect to see, and where that documentation should be posted in the salon. 

Our licensing requirements guarantee that professionals can—at a very minimum—respond to common first-aid situations (cuts, burns, falls) capably, mix and use state-approved disinfectants properly, and identify symptoms of communicable skin disorders. They also ensure that we understand and practice Universal Precautions. 

These regulations aren’t designed to necessarily serve us; they’re designed to protect the public, including the business owners who are legally liable for anything a service provider does in their facility.

I agree that experience isn’t worthless. However, just because you’ve been doing something for years doesn’t mean you’ve been doing it correctly or safely. Without professional training, you won’t learn that until you happen to make a very, very big mistake (like causing a pink-eye outbreak because you didn’t know not to reuse mascara wands). 

You don’t know what you don’t know.

State Board licensing standards and regulatory requirements are the methods by which our state legislators reassure the public and our employers that we should know what we’re doing—and that if we screw up, there are mechanisms in place to hold us professionally liable for it. The public shouldn’t have to rely on local courts to determine gross negligence when a framework can be provided that guarantees a professional who acts recklessly or carelessly will face professional consequences, like losing their ability to ever legally work in a salon again. These regulations provide protection against malpractice. They’re meant to strongly incentivize licensed professionals to play by the rules and take their obligations to their community seriously. You aren’t supposed to like them.

Instead of arguing that licenses shouldn’t exist, Jasmine should be fighting for the creation of smaller licenses for specialized professions. There’s no denying that makeup artistry is a separate profession from cosmetology. Makeup artists could go their entire careers without ever having to learn anything about mixing chemicals, using and disinfecting sharps, or applying hot wax to a client’s skin. These are things makeup artists don’t do.

Precedents for crafting smaller, more specific licenses already exist. Various states in the U.S. have introduced specialized licenses for services such as hair braiding and body wrapping, acknowledging that these professionals have different needs compared to full cosmetologists. This move towards specialized licenses recognizes the unique skills and training required for specific services, making it more accessible for professionals to enter the industry without undergoing extensive training irrelevant to their specialization.

Does a professional who plans to specialize in braiding need to spend 300 hours learning how to do manicures and pedicures? No. Because that isn’t part of their job. Why should a makeup artist be required to learn how to do hair and nails?

It’s tough being caught in the catch-22 of needing to work to pay for the licenses but needing the license to legally work. Instead of limiting herself to keeping her makeup business as a side-hustle, and risking legal repercussions if caught, she needs to think outside the box and find a legit way to get her needs met and her career on the best possible path.

If I were in Jasmine’s position, I would petition for alternative certification programs, advocate for specialized licensing, and collaborate with the board and other industry peers. It’s far past time for our industry to find innovative, accessible pathways to professional legitimacy that align with individual career goals and legal requirements. 

Today, the salon owner charged my client’s services before the service was over. She refused to give me the money and told me she would put it towards rent, but I never agreed to this, nor did I agree to her taking a percentage from both the sale and my tip.

When I said that I wasn’t going to tolerate this, she claimed that it couldn’t be helped because the client paid with a gift card. I know the client didn’t pay with a gift card, but that’s beside the point, because the owner knows I don’t accept her salon’s gift cards. (Besides that, nowhere in my lease does it say anything about her stupid gift cards!)

After I caught her in the lie, the owner said I’m no longer allowed to receive any walk-ins. Is this legal? Can she seriously refuse me walk-in clients?

I’ve already addressed this topic, but your story provides important insight.

You did everything right. You took every step you could to prevent being taken advantage of. When your landlord pushed your boundaries, you responded immediately. Few have the confidence to do so, and I’m glad to hear you did. Her treatment of you is nothing more than childish, petty retaliation. I’m embarrassed for her.

However, unless your contract states otherwise, you aren’t owed walk-in clients. (More about that here.)

What can you do about it? Unfortunately, not much. You could bring her to small claims court, but the filing fee will likely cost more than the disputed amount, and unless you really want to make a point, it might not be worth your time to pursue.

In these situations, the only thing you really can do is tell her to make things right, or you’ll warn others, starting with your fellow renters.

If she refuses, make good on that promise. Only state what you can confirm—what you’re willing to swear to in court under threat of perjury. Don’t embellish or get creative. Stick to the facts, and keep your emotions in check.

If she threatens to bring you to court—good. Let her. Be sure to update us so we can hear how she rationalized the theft. 

I’m sorry this happened to you. Sometimes, even when you do everything right, you aren’t entirely safe, and even if you’ve clearly been wronged, you might never see justice.

I love my tenants, and I think we cohabitate well, but my resentment is building towards them, and it’s starting to create some tension. I don’t want things to be this way! What do you recommend?

Every salon landlord faces this issue at some point. Welcome to the club!

I’d like for you to think of this as your first real leadership exercise, because how you behave and how you treat the renters who are behind on their payments matters a lot and could impact your business significantly.

If you don’t already, start thinking of your renters as your customers, because they are. Your job, as their landlord, is to provide them with suitable workspace and collect their checks, but those are bare minimum requirements. If you hope to be the kind of salon landlord everyone wants to rent from, you’ll have to do better. You have the opportunity to demonstrate that right now.

Start with the assumption that the renters in arrears likely have good reasons, but also with the understanding that the salon’s welfare comes first.

If you’re willing to work with renters who are going through a slow patch, figure out how you’re going to accommodate them. Are you going to drop a great tenant over a bad month? Probably not.

You likely know which tenants deserve a payment plan for their overdue rent. Do the math and get your offer straight. Have the plan typed out and ready to present. Here’s an example of what those plans could look like:

• Lisa owes $400. She’s been with you two years and seems happy, so you don’t think she’s likely to leave any time soon. For her, you are willing to accept $50 each week ($200 each month) for the next two months, or until she terminates her lease.
• Glenn owes $400. He’s been with the salon for a little under a year, and he complains a lot…about everything. He has a history of job-hopping, so you can’t trust that he’ll stick around. For him, you are willing to accept $100 each week for the next month, or until he terminates his lease.
• Laura owes $800. She’s had it rough the last few months. She and her kids have been sick almost constantly since school started. But Laura has never missed a payment in the last five years she’s been renting from you. She’s responsible, professional, and the kind of tenant you definitely don’t want to lose. For her, you are willing to accept $25 each week ($100 each month) for the next eight months, or until she terminates her lease.

I recommend having the tenants pay in a separate transaction, rather than adding it on to their rent. Use Excel or Google Sheets to record their payments, so both of you have documentation, and only take traceable payments—no cash. (This isn’t up for debate; both of you should cover your asses.)

Meet with each renter privately, starting with those who are furthest behind. 

Tell them exactly what you’ve said here: their non-payment is affecting the business. You’ve been very patient and understanding, but you cannot subsidize their salon.

These conversations probably won’t be easy. Especially if you’ve developed close personal friendships with some of your tenants.

Too many people depend on the facility’s continuation to allow a few renters to jeopardize the whole operation.

Establish a firm due date for payment, and don’t be surprised if the meeting goes poorly from there.

If you were operating under the assumption that these renters were your friends, you’re about to learn whether or not that’s true. Unfortunately, more often than not, these meetings don’t end well. Don’t be surprised (or upset) if the renter gets nasty with you. Don’t be shocked if they seem apologetic during the meeting, then secretly pack up and disappear overnight. 

Remember that you’re dealing with people who shirked their only obligation to you and their colleagues. In doing so—assuming they’re not drowning in an unexpected personal financial crisis—they’ve demonstrated irresponsibility, unprofessionalism, and a severe lack of consideration. Keep your expectations realistic.

If you prefer not to offer payment plans, you can provide renters with a simple formal written notice that states the balance owed, the payment due date, and the consequences of nonpayment (eviction and small claims court, usually). A written lease isn’t necessarily required to hold renters accountable. By paying you a fee in exchange for your space, they’re establishing a common-law lease agreement. In many states, common-law leases are considered valid.

You know your situation better than I do, but I generally recommend saving this measure for the renters you’re eager to get rid of or implementing it as a last-resort option. Attorneys may advise you otherwise, but as someone who has been on your side of the desk during these talks, I certainly would not, except in dire circumstances. (The last thing you want is Glenn complaining about how “heartless” you are to every professional in town.)

Require all renters to sign written lease agreements. This is non-optional. Common-law leases are much harder to enforce than written ones. Contracts are critical, so every renter needs to sign an agreement showing that they understand your expectations and their obligations. These documents don’t have to be long, and they shouldn’t be written in legalese.

If your lease exceeds two pages, you’re doing it wrong.

Get a local real estate attorney to review and approve your lease, someone who knows your state’s commercial rental laws and understands that you’re subletting co-working space to beauty professionals. (I routinely consult with attorneys who are unfamiliar with the industry, and I often collaborate with them on rental and employment contracts. If you need help, request an appointment with me here.)

Once those leases are signed, you’ll have a system for keeping this from happening in the future, a document that neatly outlines everything—the payment amount, the due date, and the consequences for failing to adhere to the lease terms.

Don’t mourn the tenants you lose. You will very likely lose a few renters, and some of them might say some cruel, unfair things to you before they depart, but don’t cry over it. Anyone who leaves is doing you a favor. 

Good people get run over sometimes. 

You were very kind to allow the past-due rent to pile up. People may have taken advantage of that kindness, which is unfortunate, but of all the crimes a salon landlord could commit, it’s certainly the least offensive. 

Enough of these experiences can harden people over time, and that’s not necessarily a good thing. Learn from this, but don’t let it change who you are. 

Good luck!

Don’t deduct questionable expenses.

A typical deduction is a recurring business expense, like your online booking service or your salon’s rent. Daily commuting to and from your work is not a legitimate deduction.

The general rule is that anything you have to spend money on to make money on is deductible.

For our industry, a trip to a trade show is understandable. An extravagant European cruise is not. Big deductions for meals, travel, and entertainment are inviting audit. To qualify for meal or entertainment deductions, you must keep detailed records that document for each expense the amount, the place, the people attending, the business purpose and the nature of the meeting. Without that documentation, you get no deduction.

If you can’t verify your deduction, don’t claim it.

Snap your receipts and save them on Dropbox (or whatever cloud-based storage system you prefer). Keep the originals in labeled monthly envelopes.

If you’re ever audited, you can correspond your deduction with the original receipt. Some places give really crappy receipts, so if you need to notate what the expenses were, do so on the back of the slip.

File your taxes online.

Sometimes, mistakes happen when IRS representatives manually enter your handwritten return information into the system. Numbers get omitted or added. This mistake (that is entirely out of your control) can result in an audit. Eliminate the middle man entirely and e-file.

According to the IRS, the error rate for a paper return is 21%. The error rate for electronically filed returns is 0.5%.

Eliminate cash from your business.

The IRS knows that those who receive primarily cash are less likely to accurately report all of their taxable income. So, eliminate cash from your business.

I don’t like cash. I don’t like that it’s impossible to track. I hated counting it every night. I hated filling out deposit slips every night. I hated depositing it every evening. When I’m done working and cleaning up, I just want to walk out of the building. (In addition, I often worked alone in the building and both my husband and the doctor I worked with worried about me getting robbed.)

I made the decision to quit accepting cash entirely. None of my clients routinely paid with cash anyways so this policy didn’t generate any complaints at all.

I implemented a new policy and only took traceable forms of payment. This included checks, gift certificates through SpaWeek, credit cards, and instant transfers from Paypal. Not only did this policy make me less likely to be audited (and robbed), it simplified my accounting, saved me daily trips to the bank, and gave me peace of mind.

I opened an account with Simple (an entirely online bank without branches that doesn’t take cash deposits unless they’re turned into money orders and submitted as checks) and never exchanged physical currency again. Checks were instantly photo deposited and destroyed once they cleared.

I think as a modern society, we’re all moving towards digital currency. For me, this was one of the best decisions I could have made for myself and my business, but it does have a downside.

Payment settlement entities have been required since 2012 to report all credit card transactions to the IRS on Form 1099-K.

This includes Visa, MasterCard, and American Express, as well as online merchant processors. The IRS compares your credit card and cash receipts with your industry average. The IRS may send you a letter asking you to re-examine your books to make sure you didn’t omit any cash transactions if they feel your non-cash transactions make up too large a percentage of your annual revenue.

To protect yourself from this, make sure your refusal to accept cash is clearly stated on your website, your brochures, and posted in your business. Keep your appointment records and your daily sales records. It shouldn’t be difficult at all to compare each appointment from the book with the corresponding payment record, especially now that many merchant service companies provide and store digital signatures and digital receipts.

Hire an expert.

Managing your own business finances puts you at risk. Turn that responsibility over to a professional. It’s a small annual investment that can pay off big. If you’re going to be itemizing (which you most likely will), a tax professional can help keep you organized and maximize your deductions and credits.

Focus on making the money. Let someone else handle the paperwork.

Cross your T’s and dot your I’s.

Make sure your social security number is correct. Don’t round your numbers. Triple-check every figure. Leave nothing blank. For the love of God, this is 2014 2020. If you aren’t using software, get out of the stone age and start doing so now.

Incorporate or register an LLC if you’re self-employed.

Small businesses are a favorite target of the IRS…and for good reason. Self-employed people are most likely to underreport income and overstate deductions. The IRS doesn’t care whether your business is high-grossing or not. If you are self-employed (booth renters, I’m looking at you), consider incorporating or forming a limited liability company (LLC). Corporations and LLCs are audited less frequently than other small businesses. Incorporating or forming an LLC also allows for more deductions. You can learn more about the different types of business structures and the pros and cons of each here.

Watch your charitable deductions.

The IRS knows what the average charitable donation is at every income level. If your salon holds a charity event where services are rendered in exchange for donations to a particular charity, be sure to document everything. When I worked in management, we held cut-a-thons for charity twice a year. Each client filled out a form with their contact information, the services rendered, and the donation made. They received a receipt from us so they could also claim that charitable donation themselves.

Always consult with a tax professional when claiming charitable deductions to ensure that you have all the documentation necessary to justify that deduction.

Classify your staff appropriately.

By now, anyone who has read this blog should understand that the independent contractor classification absolutely DOES NOT apply to our business except in very specific, limited instances. If you aren’t yet aware of what misclassification could mean for you, I recommend reading this post and this post ASAP.

Expect it.

Expect to be audited and be prepared for it before it happens. That way, if/when it does happen, you’ll be ready for it. Keep yourself organized. Keep yourself honest.

Remember that even the most minor illegal, fraudulent activities are indefensible in the eyes of the IRS.

An accidental crime is still a crime, so run everything by your accountant/bookkeeper. Excessive preparation and organization will always be your best defense.

She’s talented and the clients love her attitude, so I don’t want to fire her. Quarterly performance reviews are coming up and I’m not sure how to explain that she needs a lot of training without sounding like a total bitch.

I’m not good at these types of conversations. I don’t want the employees to hate me and I don’t want to cause drama. I like to keep my interactions with them positive because I know keeping them happy is really important. Plus, she’s pretty new to the business and I don’t want to discourage her. What do I do?”

NEW MANAGER ALERT! NEW MANAGER ALERT!

You’ve held your position for what? Four months? Maybe less? I’m willing to bet my left arm that this will be your first time conducting quarterly reviews. I can smell inexperienced management from miles away. You know how? It’s your soul—specifically, the fact that yours is still intact. (Enjoy your conscience while you have one. Eventually, it’ll start to deteriorate and you’ll be left a cold, hollow shell who lives and dies by the salon’s performance metrics.)

Effective communication skills are a manager’s most critical asset.

You’ll have to learn how to use language extremely well so you can have difficult conversations without flinching or destroying the morale of the employee you’re evaluating. Those conversations require confidence, tact, and a complete disregard for the employee’s personal opinion of you. You’re not at work to make friends, Madam Manager.

When conducting performance evaluations, a lot of managers use the “sandwich” method. They give good feedback, then bad, and then good, so the meeting ends on a positive note. I’ve never found the sandwich method very effective, mostly because it seems to trigger a condition I call “selective deafness.”

People tend to hear what they want to hear and not what they need to hear.

What this employee needs to hear is this: “We’re going to spend some more time refining your technique and helping you master the point-of-sale system.”

Notice the plural pronoun: We.
Not you.

What you need to hear is this: Your team’s shortcomings are an extension of your own.

As the manager, you are responsible for ensuring your team members are adequately trained. It’s your job to ensure they’re staying on task and that they’re confident in their product and service knowledge so they know how to upsell and retail.

In a perfect world, all of our graduates would come to us with these skills built-in, but the responsibility for providing critical job training often falls to us.

These issues sound as if they’ve been going on for a while, and you’ve been waiting until quarterly reviews to address them. That stops now.

To efficiently eliminate bad habits, address and correct them immediately.

From now on, you’re going to keep a clipboard. Clip some notebook paper on that bad boy—the college ruled stuff.

Do you have a daily agenda?

If not, you make one. If you’d like, you can download mine and adapt it to suit your needs.

Put that on top of your crisp notebook paper, then print out a fancy cover sheet like this one. Print it on decent card stock, though. (If you can see through it, that defeats the purpose.) Stick that cover sheet right on top of everything.

Now that your clipboard has been situated, grab a pen. Never again will you be seen at work without these two items in your hands.

Why do you need a clipboard as a constant companion?

Because you need to be writing things down when you see them—and walking around, typing notes on a phone or tablet looks unprofessional. Plus, it’s easy to forget the notes you’ve made on a device if they’re not physically where you can see them.

What kind of notes should you take?

All kinds. You will notate maintenance tasks (like paint chips and malfunctioning equipment), client and employee suggestions, and—most importantly—lapses in professionalism and performance that you will need to address before closing time.

Stop waiting until performance review periods.

If someone’s lagging behind, overusing product, not cleaning up after themselves, inciting riots, or otherwise stepping out of line, you’re going to be having a one-on-one with them that day.

Why is immediate correction so important?

• You want the behavior to stop before it becomes a habit. Bad habits are expensive.
• Negative behaviors poorly reflect on the business, equating to a loss in clients (and consequently, revenue).
• Product overuse can cost the salon a ton of money over time.
• Low productivity adversely affects profit margins.

If you don’t correct them fast, bad behaviors can infect the other employees like a virus.

You know the saying, “Not my circus; not my monkeys?” As the salon manager, you’re the ringleader. This absolutely is your circus, and those absolutely are your monkeys.

How does that other saying go? “Monkey see; monkey do.” If you think that doesn’t apply to grown adults, you’re wrong. Never let employees set precedents. Employees need to be told what your expectations of them are, and sometimes they need to be reminded.

The salon can’t afford for you to neglect your duties. Your job is to actively manage the employees. That’s what you’re getting paid for. Besides, by not addressing these issues in a timely manner, you’re only making your job more difficult. Don’t let undesirable behaviors slide. Always be swift and consistent with your discipline.

How do I address the problems with the employees?

You don’t get to go home until you’ve dealt with employee-related problems. Serious infractions (outbursts on the salon floor, for example) require emergency meetings on-the-spot, but if you’re routinely addressing problem behaviors on a same-day basis, those emergency situations will be few and far between.

When you have disciplinary discussions, place blame where it belongs.

A slow employee who fumbles through services and can’t work the POS has likely not been properly trained—and who’s in charge of training? You are. By not training this employee up to the salon’s standards, you’ve not only cost the salon money, you’ve tossed an inexperienced professional into the ocean without a life raft.

If you have set an employee up for failure, you owe them an apology.

Sometimes the most difficult conversations to have are the ones in which you have to admit fault. To learn how to apologize the right way, I recommend reading my article, “How to Admit Fault and Apologize.” You would think apologizing would be pretty simple and straightforward, but too few salon managers and owners know how to do so effectively. Communication isn’t always as easy as we’d like it to be, so do yourself the favor of developing the skills necessary to successfully navigate your relationships with everyone you interact with at work. Both the continued success of the salon and your management career very much depend on your commitment to continual improvement.

Should this be a recurring problem, evaluate the corrective measures you’ve taken.

• Why were they ineffective?
• Could you have done something differently?
• Could this problem have been avoided with better communication or more training?

If the answer to all of those questions is no, then you’ll have to straighten your spine, face the employee, and hold an accountability discussion. (If you feel like it might be time to have that discussion, my article, “How to Hold Others Accountable” will tell you exactly how to prepare for and conduct that meeting.)

You’re a manager, now. Tough discussions are going to be part of your weekly routine, so get used to them.

I was taught to believe speaking of politics at work was distasteful and inappropriate. It wasn’t our place.

The entrepreneurs whose salons I managed throughout my career would never have made political statements of any kind as a company, but times have changed quite dramatically and so has my opinion.

First, let me start by saying that we shouldn’t be here. None of us asked for this when we decided to become business owners. This conversation about race shouldn’t even be necessary in America in 2020, but decades of failing to acknowledge these problems (let alone properly address them) got us here in the first place.

Increasingly, Americans look for business owners to set an example.

As salon owners, we have two options here: stay silent and allow others to speculate on our positions or be proactive and clarify them up front. In this article, we’ll discuss the reasons you might want to make a statement and the issues you may encounter if you do. Then, I’ll show you how to communicate your message to customers.

Taking a Stand

Making a statement in support of racial justice and police reform isn’t actually political. Affirming one of our nation’s core philosophies (“All men are created equal.”) also isn’t controversial. We hold those truths to be self-evident, am I right?

Racism isn’t a subjective issue. All rational Americans agree that race-based discrimination has no place in American society. It’s unlawful, unconstitutional, and a violation of our basic human rights. Racism, quite literally, is a crime against humanity. We’ve decided that and written laws to affirm it. It’s a done deal. Therefore, opposing racism is an objectively good thing to do.

Anything we teach our children from the time they’re born—discrimination is wrong, violence isn’t the answer, bullying is unacceptable—should not be considered “contentious points of debate” in any society that calls itself “modern” or “civilized.”

For the same reasons, it isn’t actually controversial to protest police brutality. We have already agreed that excessive use of force is a crime that deserves to be punished to the full extent of the law. Unfortunately, the systems tasked with enforcing those laws aren’t working the way we’d like them to and are actively subverting the will of the people. If you need confirmation of that, Breonna Taylor, a 26-year-old EMT, was shot to death in her bed after police executed an illegal no-knock warrant on the wrong house. Despite their gross incompetence and definitively unlawful actions, her murderers are still walking free. The fact that they were executing this—again—illegal search as part of their job should not entitle them to immunity from the consequences of their careless actions…and yet.

I think we can all agree that a problem exists. We can see it with our eyes. Attempting to deny or justify the abuses of power and authority we can witness for ourselves would be both ridiculous and unconscionable. Officers who violate public trust do not deserve to be protected from prosecution simply by virtue of the uniform they wear. We should all demand better from those who have taken an oath to serve and protect. Our failure to hold law enforcement accountable has empowered bad actors to behave without fear of punishment. Our continued failure to demand better has exacerbated the problem. These are verifiable facts.

Tell me what part of that introduces controversy?
None, right? Both excessive use of force and racial prejudice are unlawful, unconstitutional, and unamerican.

POC deserve to feel welcomed in your facility. We have an exceptionally diverse industry. As a result, I have very diverse friends and colleagues. One thing I’m struck by is the sense of “otherness” they feel when in white spaces. One of my close friends (a half-Black, half-Caucasian salon owner), told me over coffee, “You never know if you’re truly welcome in any business you walk into. When you aren’t clearly welcomed there, at best, you might be tolerated. At worst, you’ll be actively discouraged from staying or treated like a thief.”

If racism and discrimination aren’t things that have touched your life in any way, consider yourself blessed. It can be difficult to believe a problem exists when you haven’t experienced it yourself, but just because you’ve never experienced something doesn’t mean others do not, nor does it mean you can’t or shouldn’t do something to prevent it from occurring, especially in spaces you control.

Your salon may end up appealing to a broader market. Making a statement may bring more business your way, as POC and allies prefer to patronize businesses that share their values, specifically those that are committed to providing welcoming public spaces where all people are treated with dignity and respect, regardless of their skin color.

Silence is complicity. As much as I hate this, business owners don’t have the luxury of silence or neutrality any longer. Whereas it used to be considered distasteful for a company to take a stand, it is now expected. You can refuse to play along, but failure to make a statement may be misconstrued as agreement or enablement—an understandable assumption to make, given the uncontroversial, unpolitical nature of the issue.

Remember: You are not truly being asked to make a political statement. You are being asked to denounce behaviors and beliefs that are definitively and unquestionably unamerican.

Nobody is asking for your opinions on taxation, immigration, women’s rights, healthcare, or international trade. Those are political issues. Racism and brutality are human rights issues. It’s an important distinction to make.

Invalidating Your Excuses

“Nobody asked me.” For decades, this was my position on anything even remotely controversial at work. We never made public declarations about anything.

Why didn’t we make statements? Nobody asked us. Who cares what a bunch of beauticians think, right?

While I understand why it’s important to establish a position on fundamental human rights issues (even though I don’t understand why the hell this is a “debate” in the year 20-F&%#ING-20), I felt this way for so long, I can’t blame others for not wanting to invite potential trouble.

You’re right. Nobody asked you. You’ll still be expected to participate in the conversation in some way, though, whether you like it or not.

Some may misinterpret your denouncement of racism as a denouncement of law enforcement. Apparently, a contingent of people don’t understand that it’s possible to both support law enforcement and demand they be held accountable for their actions. They aren’t mutually exclusive concepts. A good statement will clarify this fact, leaving no room for creative, convenient misinterpretation.

Opposing bad cops and ineffective policing tactics is not the same as opposing police and law enforcement in general. (I’m going to keep saying that until the more stubborn among us get it through their skulls.)

Police shouldn’t be expected to serve as universal first responders, being called upon to manage everything from mental health to homelessness. That’s what social workers and mental health counselors are for.

If anything, demanding police only be responsible for actual police work is supporting a healthier work environment and work culture for officers. How can more training and a return to community-oriented policing be a negative thing for anyone in uniform? How is reducing bloated police budgets and investing those taxpayer funds into programs that are proven to reduce crime be a negative thing? (Our “protectors” have MRAPS, guys. Let’s not pretend we don’t have a budget imbalance and that it isn’t being grotesquely mismanaged.)

You may lose clients. I know this may come as a shock, but just as POC and their allies prefer to support businesses whose values align with their own, racists prefer not to support businesses whose values align with the Bill of Rights, the US Constitution, and a vast array of anti-discrimination laws that cement those values into law in every aspect of our society—from employment to housing to private businesses, and everywhere in between and beyond.

I’ve said it before and I’m going to keep saying it: The year is 2020. Racism is unamerican. Racists are not patriots. If anything, they’re domestic terrorists.

Before anyone objects, tell me: What else do you call a group of Americans who oppose equal treatment for other Americans whose human rights have long been affirmed by law? There are numerous definitions for what constitutes domestic terror, none of which are universally agreed upon, but here’s  Wikipedia’s:

Domestic terrorism or homegrown terrorism is a form of terrorism in which victims “within a country are targeted by a perpetrator with the same citizenship” as the victims.

Anyone who denies the humanity or equality of a fellow American fits this description. Ask yourself: Do you really care if you lose racist clients? Is their money worth it to you? Does giving others the impression that you are neutral on issues of race benefit or better your community? Are you okay with being one of the people who stood idly by, or are you brave enough to be a bright spot in a dark time?

Your solidarity matters more than you will probably ever realize.

How often are you calling business owners to tell them you appreciate their support of a cause you value? How often do you think companies are hearing from customers when they do something noteworthy, like donating to charities or voluntarily raising their employees’ wages? Probably never, right? You may or may not ever hear from anyone about your statement either way, but it will, without question, be valued.

How to Make a Statement

Don’t align yourself with a movement you have no control over. Just as we don’t align our companies with brands we don’t own or direct, we don’t align ourselves with protest movements. While I support several movements (primarily those that benefit service workers and promote equality), I don’t publicly endorse any of them for fear of their actions influencing others’ perception of me or my company. Movements, especially decentralized ones, tend to have nebulous objectives and may implement protest tactics that we don’t support.

Don’t support movements; support values.

• You can oppose economic inequality and corruption without supporting Occupy Wall Street.
• You can voice your company’s support for higher minimum wages without endorsing The Fight for $15.
• You can make it clear that Black lives matter to you and your company without ever mentioning BLM.

Values, especially ones that are accepted universally by reasonable people (and double-especially for those entrenched in law), are easier to communicate and don’t come with the liability inherent in protest movements.

It only takes one idiot to undermine a legion of organized, peaceful protestors with valid objections, and those who support them.

Keep it short and clear…and don’t mention the protests. Somehow, people began equating support of lawful protesting with support of rioting. It seems the majority of these people began conflating the two because doing so provides a convenient way of shutting down an uncomfortable conversation we need to be having as a nation.

Nobody is entitled to your opinion on protests, riots, or the individual actions taken by random people you have never met in your life.

“What about those people burning businesses? Do you support them too?”
What an asshole question, right? Sort of makes you want to turn around and ask, “What about those officers who are beating and shooting peaceful protestors for no reason? Do you support them too?”

Both questions are stupid. Stick to the value in your messaging. Nothing else is relevant or necessary. It isn’t your job to defend others.

Your statement should only say what it has to say. Don’t waste words explaining or justifying. You don’t need to give reasons why or write an entire article (with citations) in a fruitless attempt to please everyone. Nothing about your statement has to be complicated.’

When composing your statement, don’t give your racist aunt the ability to twist your message into an anti-cop narrative.

Examples

Here are some statements I drafted. Feel free to use them as they are or amend them to suit your own preferences.

At [SALON NAME], we believe in equality, liberty, inclusion, and justice for all. We strive to reinforce these values by providing a welcoming place where everyone can feel safe and accepted.

At [SALON NAME] we believe in equality, liberty, inclusion, and justice for all. As a company, we strive to reinforce these fundamentally American values by providing a welcoming space where everyone can feel safe and accepted. We are an equal-opportunity work environment and have strong anti-discrimination policies. Racism, sexism, ableism, homophobia, and xenophobia have absolutely no place in our salon.

Tell me, what about those statements provoke outrage? What about them is “controversial” or “political?”

In Conclusion

As Americans, we’re going through some very necessary growing pains right now, but I’m certain we’ll come out of this a much stronger, safer, unified nation if we stop trying to present entire communities and the complex issues they face in binary terms, and learn to see each other as human beings whose perspectives, struggles, and life experiences are valid, even if we can’t personally relate to them. If we want to stop repeating history, we have to be willing to experience the discomfort that accompanies personal growth. We have to be willing to listen to others with patience and respect. Most importantly, some of you desperately need to turn off your televisions and pick up a goddamn book.

We have to stop sheltering ourselves in echo chambers and find the strength to allow others to challenge our opinions.

It’s hard. It’s uncomfortable. It takes work.
It’s necessary.

Get to it.