BILL ANALYSIS Ó
AB 2025
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Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
AB 2025
(Gonzalez) - As Amended March 18, 2016
SUBJECT: Barbering and cosmetology: labor law education
requirements.
SUMMARY: Requires the Board of Barbering and Cosmetology (BBC),
as a condition of issuing an establishment license, to ensure
that the applicant has knowledge of basic labor laws pertaining
to the individuals who work in establishments, as specified;
requires the BBC to consult with the Department of Industrial
Relations (DIR) in developing and adding questions on the
application for licensure; requires the BBC to consult with
stakeholders and the DIR to create informational materials on
basic labor laws; requires the BBC to translate all of its
written materials in English, Spanish, and Vietnamese; and,
beginning January 1, 2018, authorizes the BBC to collect
voluntary demographic information of its applicants for
licensure,.
EXISTING LAW:
1)Establishes the BBC which provides for the licensure and
regulation of Barbers; Barber Apprentices; Cosmetology
Apprentices; Cosmetologists; Electrologists; Estheticians;
Manicurists; Establishments; and, Mobile Units, within the
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Department of Consumer Affairs (DCA) to administer and enforce
the Barbering and Cosmetology Act (Act). (Business and
Professions Code (BPC) Section 7301 et seq.)
2)Defines an "establishment" as any premises, building, or part
of a building where any BBC-licensed activity is practiced.
(BPC Section 7346(a))
3)Specifies that an establishment also includes any premises,
building, or part of a building where natural hair styling is
practiced for compensation. (BPC Section 7346(b))
4)Requires any person, firm, or corporation desiring to operate
an establishment to make an application to the BBC, which must
include whether the person, firm, or corporation is operating
a new establishment or obtaining ownership of an existing
establishment, as specified. (BPC Section 7347)
5)States that an applicant, whether an individual, or each
officer, director, partner, if the applicant is not an
individual, may not have committed acts or crimes which are
grounds for denial of licensure in effect at the time the new
application is submitted, as specified. (BPC Section 7374)
6)Prohibits operation of the establishment at any other location
unless a license for the new location has been obtained, as
specified. (BPC Section 7347)
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7)Requires the BBC's EO and authorized representatives, as
specified, to have access to, for the purpose of required
inspections, any establishment or mobile unit during business
hours or at any time in which barbering and cosmetology are
being performed. (BPC Section 7313)
8)Requires, within 90 days after issuance of the establishment
license, an inspection of the establishment for compliance
with the applicable rules and regulations of the BBC. (BPC
Section 7353 (a)(1))
9)Requires the BBC to maintain a program of random and targeted
inspections of establishments, as specified, and prohibits the
BBC from reducing the number of employees assigned to perform
random inspections, targeted inspections, and investigations
related to field operations below the level funded, as
specified. (BPC Section 7353(b)(d))
10)Prohibits the practice of barbering, cosmetology, or
electrolysis for compensation without a valid, unexpired
provider license or in an establishment or mobile unit unless
licensed by the BBC. (BPC Section 7317)
11)Permits the practice of barbering and cosmetology outside of
a licensed establishment when necessary due to illness or
other physical or mental incapacitation of the recipient of
the service when performed by an individual licensed by the
BBC. (BPC Section 7318)
THIS BILL:
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1)Requires the BBC to offer and make available all written
materials provided to licensees and applicants in English,
Spanish, and Vietnamese.
2)Requires the inclusion of instruction and coursework in labor
laws that pertain to the types of licensees who may work in
establishments for applicants for licensure.
3)Requires applicants for an establishment license to have
knowledge of basic labor laws that pertain to the types of
licensees who may work in the establishment.
4)Defines "basic labor laws," for the purpose of 4 above, to
include, but not be limited to the following:
a) A key difference between the legal rights, benefits, and
obligations of an employee and an independent contractor;
b) Wage and hour rights for hourly employees;
c) Antidiscrimination laws relating to the use of a
particular language in the workplace; and,
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d) How to obtain more information about labor law from the
DIR.
5)Requires the BBC to ensure that applicants for an
establishment license have the knowledge of basic labor law by
consulting with the DIR to develop and add questions on basic
labor laws to the application; in consultation with DIR and
stakeholders select and create informational materials on
basic labor laws that the BBC determines to be practical and
accessible to all applicants.
6)Requires, as part of a complete application, a signed
acknowledgement that the applicant understands that
establishments are responsible for obeying labor laws of the
state and the informational materials on basic labor laws
established by the BBC.
7)Requires the BBC, commencing January 1, 2018, to collect
through optional questions on an application for licensure,
the demographic information of each applicant, including, but
not limited to, his or her spoken and written language
preference.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS:
Purpose. This bill aims to increase education and information
for licensees and establishment owners in basic labor laws and
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also requires the BBC to translate informational material for
licensees into English, Spanish and Vietnamese. This bill is
sponsored by the California Healthy Nail Salon Collaborative .
According to the author, "California has many strong labor
standards, but part of enforcing those laws is making sure
workers know their rights, and that business owners are aware of
obligations to the workers in those businesses. [This bill]
takes the opportunity to educate workers and salon owners using
existing license application processes and training
requirements. The Legislature also knows that language barriers
are a problem for establishments regulated by the Board of
Barbering and Cosmetology, especially nail salons, which is why
[this bill] includes provisions to improve language access for
both workers and businesses."
Board of Barbering and Cosmetology. The BBC is responsible for
licensing and regulating barbers, cosmetologists, estheticians,
electrologists, manicurists, apprentices and approximately
41,000 establishments. Establishment licensees do not need to
hold a separate professional license. In order to obtain an
establishment license, an individual must submit an application
to the BBC and pay the appropriate fee. The application must
contain information about the applicant, whether it is a person,
firm, or corporation that will be operating the establishment,
and specifically prohibits issuing an establishment license if
the individual, or each officer, director, or partner has
committed any acts or crimes, as specified, which are grounds
for denial. The types of establishments that the BBC regulates,
includes, but is not limited to, nail salons, barbers, and hair
salons.
An establishment license is only valid for the address listed on
the license. If a licensed establishment owner moves to a new
location, he or she is required to apply for a new establishment
license. The BBC is required to maintain a program of random
and targeted inspections of establishments to ensure compliance
with applicable laws relating to health and safety. While the
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BBC inspects establishments for compliance with applicable
health and safety requirements, it does not have jurisdiction
over the enforcement of labor laws.
This bill does not provide the BBC with enforcement authority
for labor code violations; however, it will require the BBC to
create, in consultation with the DIR and stakeholders,
informational materials on basic labor laws which be accessible
to all licensees. This bill will specifically require
applicants for an establishment license to acknowledge, through
the application process, that they understand the informational
materials on basic labor laws. The materials on basic labor
laws developed by the BBC in consultation with the DIR must
include at a minimum, information about key differences between
the legal rights, benefits, and obligations of an employee and
independent contractor, wage and hour rights for employees,
antidiscrimination and, anti-retaliation laws.
Joint Hearing on Labor Practices, Health, and Safety in
California Nail Salons. Labor concerns for nail technicians
were raised in a May 7, 2015, article from the New York Times,
"The Price of Nice Nails", in which it was reported: "The New
York Times interviewed more than 150 nail salon workers and
owners, in four languages, and found that a vast majority of
workers are paid below minimum wage; sometimes they are not even
paid. Workers endure all manner of humiliation, including having
their tips docked as punishment for minor transgressions,
constant video monitoring by owners, even physical abuse.
Employers are rarely punished for labor and other violations."
In August of 2015, the Assembly Select Committee on Women in the
Workplace, Assembly Select Committee on Girls and Women of
Color, Assembly Committee on Health, Assembly Committee on
Business and Professions, and the Assembly Committee on Labor
and Employment held a joint informational hearing which focused
on both the health and safety of licensees regarding exposure to
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chemicals and other ingredients, and concerns about labor
practices in nail salons, where according to the Healthy Nail
Salon Collaborative, "there are approximately 97,100 manicurists
and 241,700 cosmetologists in California. Up to 80% are
estimated to be Vietnamese immigrants, and more than 50% are of
childbearing age."
Health and Safety Curriculum. The BBC is required to design the
curriculum of a health and safety course that must be covered by
schools as part of the hours of required instruction. BPC
Section 7389 specifies that the BBC is to develop or adopt a
health and safety course on hazardous substances, which must be
taught in schools approved by the BBC. This curriculum needs to
be taught as a stand-alone course, separate from other
curricula, in order to fulfill the Health and Safety Hazardous
Substances requirement. In order to develop the content for
this course, the BBC worked with the health professionals from
the Labor Occupational Health Program (LHOP) based at the School
of Public Health, University of California, Berkeley (UCB). The
LHOP curriculum program is titled, Health and Safety for Hair
Care and Beauty Professionals.
Language Access Issues. During the BBC's 2015 Sunset Review, the
issue of language access and the BBC's ability to enhance
language-access services to consumers and licensees was raised.
As noted in the Assembly Committee on Business and Professions
2015 background paper, because the BBC's licensing population is
over 550,000 licensees, in order to meet the needs of its
diverse licensing population, with respect to regulatory
oversight, it is critical that the BBC is able to communicate
effectively with its licensees throughout the lifecycle of the
licensing process. The BBC noted in its 2014 Sunset Review
Report that it made language access one of its priorities over
the last two years. To that end, the BBC reported that it has
translated all of its documents into Vietnamese, Spanish, and
Korean. This bill would require the BBC to offer and make
available all written materials provided to licensees and
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applicants in English, Spanish, and Vietnamese. Another issue
that was raised during the BBC's 2015 sunset review hearing
pertained to the collection of demographic data of
BBC-licensees. Without statutory authority, the BBC reports
that it is not able to collect specified data about its
applicants or licensees, including language preferences. This
bill will authorize the BBC to collect specified demographic
information of its licensees, including language preference, if
an applicant chooses to provide the information. This bill will
not require applicants for licensure to provide such
information.
Related Legislation. AB 2437 (Ting) of 2016, requires a nail
care services establishment to register with the DIR and receive
specified training regarding workplace rights and wage and hour
laws, as specified, and make that training available to its
employees, authorizes the DIR to charge a fee for the training
costs; in addition, this bill requires the BBC to deny the
renewal of a license to an establishment that provides nail care
services if that establishment is conducting business in
violation of specified labor laws and requires the Labor
Commissioner to notify the BBC if an establishment is conducting
business in violation, and authorizes an establishment to
provide evidence to the BBC that it is not conducting business
in violation, as specified. Note: This bill is pending in the
Assembly Committee on Business and Professions.
ARGUMENTS IN SUPPORT:
The California Healthy Nail Collaborative writes in support,
"[this bill] acknowledges that current labor laws may not
necessarily need fixing in order to ensure labor law compliance
in nail salons. Education for workers and owners on wage and
hour and other labor laws will go a long way toward improving
the working conditions for the immigrant women worker community.
[This bill] will also result in dismantling significant
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language barriers; the nail salon community of owners and
workers are predominately native speakers of Vietnamese, many
with limited English skills. All materials developed and
disseminated in any way by the BBC will be available not only in
English but also in Vietnamese and Spanish, benefiting
Spanish-Speaking licensees as well as Vietnamese."
ARGUMENTS IN OPPOSITION:
None on file.
IMPLEMENTATION ISSUES:
1)In order to provide the BBC with sufficient time to complete
the translation services, the author may wish to provide the
BBC with additional 6-months to complete and make all written
materials available to licensees.
2)This bill requires the BBC to consult with the DIR to develop
the questions for the establishment application related to
basic labor laws, and requires the BBC to consult with the DIR
and stakeholders in developing materials accessible to all
applicants and licensees. As currently drafted, this bill
does not provide any timeframe for the BBC and DIR to complete
the development process. In order to provide the BBC, DIR and
stakeholders with the appropriate amount of time to
participate in the development process, the author may wish to
require the revised application and labor law materials to be
completed by January 1, 2018.
AMENDMENTS:
To address issue number two above, the bill should be amended as
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follows:
On page 6, in line 3, after (a), insert, on or before January 1,
2018,
REGISTERED SUPPORT:
California Healthy Nail Salon Collaborative (sponsor)
Asian and Pacifica Islander American Health Forum
Asian Health Services
California Employment Lawyers Association
California Pan-Ethnic Health Network
Immigrant Resettlement and Cultural Center, Inc.
Orange County Asian and Pacific Islander Community Alliance
One individual
REGISTERED OPPOSITION:
None on file.
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Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301