BILL ANALYSIS Ó
AB 2025
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Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2025 (Gonzalez) - As Amended April 18, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the Board of Barbering and Cosmetology
(Board), as a condition of issuing an establishment a license,
to ensure that the applicant has knowledge of basic labor laws
pertaining to the individuals who work in establishments, as
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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 Board 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 Board to collect
voluntary demographic information of its applicants for
licensure,.
FISCAL EFFECT:
1)Minor and absorbable costs to the Board (special funds) to
develop and add general check mark questions regarding the
applicant's understanding of basic labor law to the
application for licensure. Staff notes that if the questions
instead require exam-like answers and correct answers are a
condition of licensure, the fiscal impact would be
substantially higher.
2)Minor and absorbable costs to the Board (special funds) to
create and make available information and to translate written
materials. The Board indicates they have the necessary
information and are in the process of translating materials
currently.
3)Minor and absorbable costs for any IT workload required.
COMMENTS:
1)Purpose. 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
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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, especially nail salons, which is why this bill includes
provisions to improve language access for both workers and
businesses."
This bill aims to increase education and information for
licensees and establishment owners in basic labor laws and
also requires the Board to translate informational material
for licensees into English, Spanish and Vietnamese.
2)Board of Barbering and Cosmetology. The Board is responsible
for licensing and regulating barbers, cosmetologists,
estheticians, electrologists, manicurists, apprentices, and
approximately 41,000 establishments, including nail salons,
barbershops and hair salons. There are almost 600,000 total
workers, including 312,000 cosmetologists and approximately
129,000 nail technicians, currently licensed through the
Board.
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 Board
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
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committed any acts or crimes, as specified, which are grounds
for denial.
3)Joint Legislative Informational Hearing. In August of 2015,
the Assembly held a joint informational hearing which focused
on the health and safety of licensees regarding exposure to
chemicals and other ingredients, and concerns about labor
practices in nail salons. The hearing produced testimony
regarding the lack of information about workers' rights as
well as cultural and language barriers resulting in illegal
labor practices - often not intentional.
4)Related Legislation.
a) AB 2437 (Ting), also before this Committee today,
establishes a workplace notice requirement for barbering
and cosmetology establishments regarding workplace rights,
as specified.
b) AB 2125 (Chiu) requires the California Department of
Public Health (CDPH) to publish guidelines and model
ordinances to assist local jurisdictions to voluntarily
adopt local "Healthy Nail Salon" recognition programs.
This bill is pending on this Committee's Suspense File.
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Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081