BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 2025 Hearing Date: June 13,
2016
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|Author: |Gonzalez |
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|Version: |June 9, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Mason |
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Subject: Barbering and cosmetology: labor law education
requirements
SUMMARY: Updates the Barbering and Cosmetology Act (Act) to ensure that
the Board of Barbering and Cosmetology (BBC) offers all written
materials provided to licensees and applicants in English,
Spanish and Vietnamese; that the BBC provides practitioner and
establishment applicants with information about basic labor laws
and; that the BBC includes basic labor law information in health
and safety curriculum taught in BBC-approved schools.
Existing law:
1) Provides for the licensure regulation of the practice of
barbering, cosmetology and electrolysis under Act by the BBC.
(Business and Professions Code (BPC) § 7300 et. seq.)
2) Requires BBC to establish a Health and Safety Advisory
Committee to provide advice and recommendations on health and
safety issues. (BPC § 7314.3)
3) Details requirements for applicants for licensure as a
cosmetologist, barber, esthetician, manicurist and
electrologist (collectively beautification service providers)
to complete in order to take BBC required examinations,
including proof of the applicant's qualifications verified by
the oath of the applicant. (BPC § 7337)
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4) Defines "establishment" as any premises, building or part of
a building where any activity licensed under the Act is
practiced and sets forth requirements for licensure as an
establishment by BBC. (BPC §§ 7346-7352)
5) Requires BBC to maintain a program of random and targeted
inspections of establishments to ensure compliance with
applicable laws relating to the public health and safety and
the conduct and operation of establishments. (BPC § 7353)
6) Requires licensees to report to BBC upon renewal, including:
(BPC § 7401)
a) License status, defined as either practicing full time
in the state, practicing full time in another state,
practicing part-time in the state, not working in the
industry, retired or other practice that BBC defines.
b) Identification as either an employee, independent
contractor, booth renter or salon owner.
c) For establishments, whether a booth renter is operating
in the establishment or whether an independent contractor
is operating in the establishment.
1) Establishes the Dymally-Alatorre Bilingual Services Act
(Dymally-Alatorre) which requires each state agency to
conduct a survey, related to its bilingual services, of each
of its statewide offices which render services to the public
every two years to determine specified information, and to
report results and any additional information requested to
the California Department of Human Resources (CalHR).
Requires the survey to contain a detailed description of
complaints regarding language access received by the agency.
Dymally-Alatorre also requires each agency that serves a
substantial number of non-English-speaking people who
comprise 5% or more of the people served to develop an
implementation plan, as specified, in every odd-numbered
year, and to submit the implementation plan to the department
for its review. Additionally, Dymally-Alatorre requires
CalHR, if it determines that a state agency has not made
reasonable progress toward complying with the Act, to issue
orders that it deems appropriate to effectuate the purposes
of Dymally-Alatorre. (Government Code Section 7290 et seq.)
AB 2025 (Gonzalez) Page 3
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2) Establishes the Division of Labor Standards Enforcement
(DLSE) and grants the Chief of DLSE (Labor Commissioner) and
his or her employees free access to all places of labor.
States that any person, or agent or officer thereof, who
refuses admission to the Labor Commissioner or deputy or
agent or who, upon request, willfully neglects or refuses to
furnish them any statistics or information, pertaining to
their lawful duties is guilty of a misdemeanor, punishable by
a fine of not more than one thousand dollars ($1,000).
(Labor (LAB) Code §§ 83 and 90)
3) States the policy of this state to vigorously enforce minimum
labor standards in order to ensure employees are not required
or permitted to work under substandard unlawful conditions or
for employers that have not secured the payment of
compensation, and to protect employers who comply with the
law from those who attempt to gain a competitive advantage at
the expense of their workers by failing to comply with
minimum labor standards. Requires the Labor Commissioner to
adopt an enforcement plan for the field enforcement unit
which shall identify priorities for investigations to be
undertaken by the unit that ensure the available resources
will be concentrated in industries, occupations, and areas in
which employees are relatively low paid and unskilled, and
those in which there has been a history of violations and
those with high rates of noncompliance with the law. (LAB §
90.5)
4) Authorizes the Labor Commissioner, after investigation and
upon determination that wages or monetary benefits are due
and unpaid to any worker in the State of California, to
collect such wages or benefits on behalf of the worker
without assignment of such wages or benefits to the
Commissioner. (LAB § 96.7)
5) Authorizes the Labor Commissioner to investigate employee
complaints and provide for a hearing in any action to recover
wages, penalties, and other demands for compensation. (LAB §
98)
6) Prohibits an employer or agent from collecting, taking, or
receiving any gratuity or a part thereof that is paid, given
to, or left for an employee by a patron, or deduct any amount
AB 2025 (Gonzalez) Page 4
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from wages due an employee on account of a gratuity, or
require an employee to credit the amount, or any part
thereof, of a gratuity against and as a part of the wages due
the employee from the employer. Provides that every gratuity
is hereby declared to be the sole property of the employee or
employees to whom it was paid, given, or left for. Requires
an employer that permits patrons to pay gratuities by credit
card to pay the employees the full amount of the gratuity
that the patron indicated on the credit card slip, without
any deductions for any credit card payment processing fees or
costs that may be charged to the employer by the credit card
company. Provides that payment of gratuities made by patrons
using credit cards shall be made to the employees not later
than the next regular payday following the date the patron
authorized the credit card payment. (LAB § 351)
7) Requires, at the time of hiring, an employer to provide each
employee a written notice, in the language the employer
normally uses to communicate employment-related information
to the employee, containing information about the rate or
rates of pay. (LAB § 2810.5)
This bill:
1)Requires BBC to offer and make available all written materials
provided to licensees and applicants in English, Spanish, and
Vietnamese.
2)Requires BBC, beginning January 1, 2018, to collect
demographic information for establishment license applicants,
through optional questions on the applications for a license
issued pursuant to Section 7396.1, including but not limited
to the applicant's spoken and written language preference.
3)Expands the role of the BBC Health and Safety Advisory
Committee to require recommendations be provided on issues
impacting board licensees, including how to ensure licensees
are aware of basic labor laws. States that basic labor laws
(BLLs) includes, but is not limited to all of the following:
a) Key differences between the legal rights, benefits, and
obligations of an employee and an independent contractor;
b) Wage and hour rights for hourly employees;
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c) Antidiscrimination laws relating to the use of a
particular language in the workplace;
d) Anti-retaliation laws relating to a worker's right to
file complaints with the Department of Industrial Relations
and;
e) How to obtain more information about state and federal
labor law.
1)Requires applications for licensure as a beautification
service provider to include a signed acknowledgment that the
applicant understands his or her rights as a licensee as
outlined in informational materials BLLs that the applicant is
provided by BBC with the application.
2)Requires applications for licensure as an establishment to
include a signed acknowledgment that the applicant understands
that establishments are responsible for compliance with any
applicable labor laws of the state and that the applicant
understands informational materials on BLLs the applicant is
provided by BBC with the application.
3)Adds BLLs to the health and safety course BBC develops or
adopts taught in BBC-approved schools.
FISCAL
EFFECT: This bill is keyed "fiscal" by Legislative Counsel.
According to the Assembly Committee on Appropriations analysis
dated May 11, 2016, this bill will result in minor and
absorbable costs to BBC to develop and add general check mark
questions regarding the applicant's understanding of BLLs to the
application for licensure, however the analysis noted that if
the questions instead require exam-like answers and correct
answers are a condition of licensure, the fiscal impact would be
substantially higher. The analysis also estimates minor and
absorbable costs to BBC to create and make available information
and to translate written materials, as BBC indicates they have
the necessary information and are in the process of translating
materials currently. According to the analysis, the bill will
result in minor and absorbable costs for any IT workload
required.
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COMMENTS:
1. Purpose. The California Healthy Nail Salon Collaborative is
the sponsor of this bill. 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. The Author notes that "AB
2025 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 AB 2025 includes provisions to improve
language access for both workers and businesses."
According to the Author, due to concern over labor practices
in the nail salon industry, AB 2025 will amend the Act to
improve knowledge of workers' rights among both business
(establishment) owners and workers. The Author states that
AB 2025 will also improve language access for owners and
workers and help BBC obtain demographic information to better
serve establishments. According to the Author, the nail
salon industry in California is predominately Vietnamese
immigrants, a significant number of whom have limited English
proficiency. The most widely agreed-upon problem discussed
was lack of information about worker rights. This lack of
information, combined with cultural and language barriers,
has led to some nail salon owners using illegal practices to
manage workers. These practices include employee/contractor
misclassification, daily pay totaling less than minimum wage,
unpaid overtime, withholding tips or deducting pay as
retaliation, denying meal breaks, and language
discrimination. It is clear to many stakeholders that the use
of such illegal labor practices is not always malicious, so
one commonsense step is to ensure that owners are informed of
existing laws. AB 2025 utilizes the current establishment
application process to increase awareness of basic labor laws
relevant to establishments without onerous requirements on
businesses.
2. BBC Establishment Inspections. BBC is responsible for
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licensing and regulating barbers, cosmetologists,
estheticians, electrologists, manicurists, apprentices, and
establishments. The BBC licenses and regulates over 550,000
licensees, including over 52,000 establishments. To ensure
compliance with the BBC's health and safety and licensing
regulations, random and targeted inspections of
establishments are conducted. BBC does not consider labor
standards or labor practices during its inspections.
BBC reported the following inspection and citation/fine
information to this Committee during the sunset review
oversight of BBC in 2014-15. According to BBC, the most
common violations that result in a citation are related to
health and safety.
-------------------------------------------------
| | FY | | FY 2012-13 | FY |
| | 2011-12 | | | 2013-14 |
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|------------+----------+-+------------+-----------|
|Establishmen| 14,012 | | 11,580 | 11,979 |
| ts | | | | |
| Inspected | | | | |
|------------+----------+-+------------+-----------|
| Citations | 10,543 | | 8,977 | 8,257 |
| Issued to | | | | |
|Establishmen| | | | |
| ts | | | | |
|------------+----------+-+------------+-----------|
| Citations | 7,683 | | 6,291 | 6,452 |
| Issued to | | | | |
|Individuals | | | | |
|------------+----------+-+------------+-----------|
| Total | 18,234 | | 15,268 | 14,709 |
| Citations | | | | |
| Issued | | | | |
|------------+----------+-+------------+-----------|
|Establishmen| 2,863 | | 2,051 |3,046 |
| ts with No | | | | |
| Violations | | | | |
| Cited | | | | |
--------------------------------------------------
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3. Concerns About Nail Salons and Experiences of Nail Salon
Employees. Nail salons have been the focus of studies and
media reports in recent years stemming from health, safety
and labor concerns in these settings. In May 2015, the New
York Times (NYT) published two articles stemming from
interviews with more than 150 nail salon workers and owners
that found that a cast majority of workers are paid below
minimum wage and are sometimes not even paid. The articles
found that workers "endure all manner of humiliation,
including having their tips docked as punishment for minor
transgressions, constant video monitoring by owners, even
physical abuse." The NYT also found that employers are
rarely punished for labor and other violations and that in
2014, when the New York State Labor Department conducted its
first nail salon sweep, investigators inspected 29 salons and
found 116 wage violations. While only about a quarter of the
more than 100 workers said they were paid an amount
equivalent to that state's minimum hourly wage, all but three
said they had wages withheld in ways considered illegal, such
as never getting overtime and many were unaware that working
unpaid was against the law and their alarmingly low wages are
also illegal.
A February 2016 follow up report in the NYT articles found
that 40 percent of the salons inspected, as part of the Labor
Department's increased efforts to inspect following the
original May articles, underpaid employees, including one
worker at a Manhattan salon who was paid $30 a day for
10-hour shifts, a manicurist in Queens who was paid only $200
for a 50-hour workweek, manicurists at seven salons who were
forced to work for no pay or had to pay salon owners a fee,
ostensibly to learn the trade and several owners admitted to
submitting fake payroll records in an effort to fool
investigators. The article highlighted that employers are
often unfamiliar with the intricacies of state labor laws.
On August 26, 2015, the Assembly Select Committee on Women in
the Workplace, the Assembly Select Committee on Girls and
Women of Color, and the Assembly Committees on Health,
Business and Professions, and Labor held a joint
informational hearing titled "Labor Practices, Health, and
Safety in California Nail Salons." The purpose of the
hearing was to obtain information, address concerns, and
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discuss policy recommendations regarding nail salon practices
from state agencies, advocates, and industry.
The Author notes that the most widely agreed-upon problem
discussed at the hearing was lack of information about worker
rights. According to the Author, this lack of information,
combined with cultural and language barriers, has led to some
nail salon owners using illegal practices to manage workers.
These practices include employee/contractor
misclassification, daily pay totaling less than minimum wage,
unpaid overtime, withholding tips or deducting pay as
retaliation, denying meal breaks, and language
discrimination. The Author states that it is clear to many
stakeholders that the use of such illegal labor practices is
not always malicious, so one commonsense step is to ensure
that owners are informed of existing laws, which this bill
intends to do by utilizing the current establishment
application process to increase awareness of basic labor laws
relevant to establishments without onerous requirements on
businesses. The measure would set forth requirements for all
BBC establishments, including nail salons.
4. Wages and Tips. In 2008, the Ford Foundation sponsored a
survey of 4,387 workers in low-wage industries in the three
largest U.S. cities: Chicago, Los Angeles and New York City.
The report of that survey, titled Broken Laws, Unprotected
Workers: Violations of Employment and Labor Laws in America's
Cities, revealed that 26 percent of workers in the sample
were paid less than the legally required minimum wage the
prior work week, and 60 percent of these workers were
underpaid by more than $1 per hour. In addition, 76 percent
of the respondents who worked overtime in the previous week
were not paid the legally required overtime rate by their
employers.
The study also notes that minimum wage violation rates vary
significantly by industry, and occupation. For example, some
industries, such as apparel and textile manufacturing and
personal and repair services have minimum wage violation
rates that exceed 40 percent, while others, including
restaurants, and retail and grocery stores, have rates of 20
to 25 percent. However, the study found that undocumented
immigrant women were at the greatest risk of minimum wage
violations. The study estimated that the workers in low-wage
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industries Chicago, Los Angeles, and New York City lose more
than $56.4 million per week due to labor law violations.
A follow-up study by the UCLA Institute for Research and
Labor and Employment was published in 2015, and that study
utilized the data from the 2008 survey, but focused
specifically on Los Angeles County. This study, titled Wage
Theft and Workplace Violations in Los Angeles: The Failure of
Employment and Labor Law for Low-Wage Workers focused on a
survey results of 1,815 workers in Los Angeles County.
This study found similar results to the national survey:
almost 30 percent of the workers sampled were paid less than
the minimum wage in the prior work week, and 63.3 percent of
these workers were underpaid by more than $1 per hour.
Assuming a full-year work schedule, Los Angeles County survey
respondents lost an average of $2,070.00 annually out of
total earnings of $16,536.00. The study estimated that
workers in low-wage industries in Los Angeles County lose
more than $26.2 million per week as a result of employment
and labor law violations.
Both of the studies make the same public policy
recommendations to address these issues, which included
strengthening government enforcement of existing employment
and labor laws and stiffening the penalties.
The low rate of collections of wages has also been evaluated.
According to a 2013 report published by the National
Employment Law Project (NELP) and the UCLA Labor Center, only
17 percent of workers who prevailed in their wage claims
before the DLSE and won a judgment were able to receive any
payment between 2008 and 2011. Of those who did receive
payment between 2008 and 2011, workers were able to collect
15 percent of what was owed. In short, the vast majority of
wage theft victims received nothing, and those that received
anything received little of what they were legally due.
Tips withheld by nail salon employers was highlighted in the
New York Times series. According to the Internal Revenue
Service, tips are discretionary (optional or extra) payments
determined by a customer that employees receive from
customers. Tips include cash tips received directly from
customers, tips from customers who leave a tip through
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electronic settlement or payment (including a credit card,
debit card, gift card, or any other electronic payment
method), the value of any noncash tips, such as tickets, or
other items of value and tip amounts received from other
employees paid out through tip pools or tip splitting, or
other formal or informal tip sharing arrangement. All cash
and non-cash tips an employee receives are income and are
subject to Federal income taxes. All cash tips received by
an employee in any calendar month are subject to social
security and Medicare taxes and must be reported to the
employer, unless the tips received by the employee during a
single calendar month while working for the employer total
less than $20. Cash tips include tips received from
customers, charged tips (e.g., credit and debit card charges)
distributed to the employee by his or her employer, and tips
received from other employees under any tip-sharing
arrangement.
According to the United States Department of Labor (USDL),
tipped employees are those who customarily and regularly
receive more than $30 per month in tips. Tips are the
property of the employee. The employer is prohibited from
using an employee's tips for any reason other than as a
credit against its minimum wage obligation to the employee
("tip credit") or in furtherance of a valid tip pool.
Employers electing to use the tip credit provision must be
able to show that tipped employees receive at least the
minimum wage when direct (or cash) wages and the tip credit
amount are combined. If an employee's tips combined with the
employer's direct (or cash) wages of at least $2.13 per hour
do not equal the minimum hourly wage of $7.25 per hour, the
employer must make up the difference. USDL notes that a tip
is the sole property of the tipped employee regardless of
whether the employer takes a tip credit and that the Fair
Labor Standards Act (FLSA) prohibits any arrangement between
the employer and the tipped employee whereby any part of the
tip received becomes the property of the employer. For
example, even where a tipped employee receives at least $7.25
per hour in wages directly from the employer, the employee
may not be required to turn over his or her tips to the
employer.
5. Government Agency Efforts to Serve California's LEP
Population and Challenges Faced by BBC. The 2010 U.S. Census
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found that more than 6.5 million residents of California, one
out of every five, speak English "less than very well." Over
44 percent of Californians speak a language other than
English at home.
Dymally-Alatorre ensures that all California residents,
including those who are limited English proficient (LEP),
have equal access to public services. Dymally-Alatorre
requires every state and local agency to have a sufficient
number of qualified bilingual staff and translated written
materials so that the LEP population they serve are able to
effectively access and communicate with government.
Dymally-Alatorre became law in 1973 with the Legislative
intent of ensuring people are not precluded from accessing
public services because of language barriers. It requires
agencies to provide the same information that is available in
English in other languages if the agency services a
"substantial number" of non-English speakers. To determine
which languages must be included under the defined threshold,
agencies are required to conduct surveys every other year to
assess their contact with non-English speakers. Then, they
must create or update implementation plans to ensure
compliance and submit them to CalHR. BBC, as a state agency,
is currently subject to requirements under Dymally-Alatorre.
Stakeholders like those in support of this bill have weighed
in at BBC meetings and to the Legislature during the sunset
review oversight of BBC highlighting concerns with the BBC
inspection process, especially as it pertains to language
barriers. BBC regulates a very diverse population, which
includes many LEP individuals who cannot always understand
English-language inspection forms or are met with
communication problems during an inspection. BBC has not
historically had a standardized protocol or systematic
process for inspectors when they encounter potential language
barriers, which has been a factor in complications during the
inspection process as well as dissatisfactory outcomes for
licensees.
During its last sunset review oversight in 2014-15, BBC noted
that it made language access one of its priorities. To that
end, BBC has translated all of its documents into Vietnamese,
Spanish, and Korean, including complaint forms. In April
2014, the BBC reported that it established a separate link on
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its website for the Vietnamese-speaking community which
includes 42 fact sheets that have been translated into
Vietnamese. In June 2014, links were created for the
Spanish-speaking community and the Korean-speaking community.
The fact sheet topics range from "what to expect during an
inspection" to "industry advisory notices." In addition,
the inspection report was translated into Vietnamese so that
inspectors can provide a handout of the report that indicates
the violations found so that the licensee has the option to
read these violations in his or her first language.
BBC has held Town Hall meetings for Vietnamese-speaking
licensees with the intention of providing licensees
opportunities to learn about the most common violations found
in establishments, the inspection process, and the citation
appeal process. In August 2014, the BBC added an insert to
all citations that states if the recipient of the citation
needs assistance in understanding the citation, to call the
Cite and Fine Unit and he or she will be connected with an
interpreter. BBC reported that it is also working with the
Department of Consumer Affairs to provide training to
inspectors; inspectors have been trained in cultural
diversity and procedures for handling hostile situations and
in October 2014, they were slated to receive tactical verbal
training. In its responses to sunset review, BBC indicated
that effective May 1, 2015, BBC would issue all citations to
all manicurists and establishments cited for manicuring
violations in English and Vietnamese and would be developing
a protocol for inspectors as means of assisting in the
process of inspecting establishments with LEP licensees.
6. Booth Renters. A BBC licensee who performs beautification
services may own his or her own business or work for someone
else at their shop. Licensees may be directly employed by an
establishment or may be an independent contractor. The
industry designation for independent contractors in BBC
licensed establishments is "booth renter".
"Booth renters" are licensed professionals who may not own an
establishment but rent space from an owner. A booth renter,
or independent contractor, is a practitioner who qualifies as
an independent contractor under California tax law and who is
not under the control and direction of a licensed
establishment. Booth renters or independent contractors pay
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their own worker's compensation insurance and taxes, maintain
their own business license, establish their own work
schedules and have access to the establishment at any time.
The booth renter is considered a separate business entity
operating within the establishment.
7. Related Legislation This Year. AB 2125 (Chiu) requires the
California Department of Public Health (DPH) to develop and
publish guidelines for local governments to implement local
healthy nail salon recognition programs with specified
criteria, including the use of less toxic nail polishes and
polish removers and improved ventilation. Requires DPH to
develop awareness campaigns and post specified information on
its Internet Web site. Permits DPH to prioritize its
outreach to counties with the greatest number of nail salons.
( Status: The bill is pending in the Senate.)
AB 2437 (Ting) requires on and after July 1, 2017, an
establishment licensed by BBC to post a model notice
pertaining to workplace rights and wage and hour laws,
developed by the Commissioner and requires the BBC to inspect
for compliance of the posting requirement. ( Status: The
bill is pending in the Senate.)
SB 1125 (Nguyen) requires BBC, for an establishment license,
if the establishment will offer nail care services, to
include a signed acknowledgement that an applicant
understands their responsibility to comply with any
applicable state labor laws and comply with the informational
materials BBC selects or develops related to basic labor
laws. ( Status: The bill is pending in the Assembly
Committee on Business and Professions.)
8. Prior Related Legislation. SB 549 (Correa) would have
authorized BBC to collect gender, language and ethnicity data
from new licensure applicants and renewal licenses and posted
certain information on the BBC's website. ( Status: The bill
was vetoed by Governor Schwarzenegger who wrote that "The
stated intent of this bill is based on the belief that the
collection of statistics on the gender, ethnicity, and
language preference of the Board of Barbering and Cosmetology
(Board) licensees will lead to improved working conditions.
Since that connection is specious at best, I do not believe
this is an area that requires micromanagement of the Board".)
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AB 2689 (Tran) of 2008 would have established the Vietnamese
Nail Worker Information Act which would require manufacturers
and certain other persons that sell or use professional
use-only nail care products to prepare, translate and provide
material safety data sheets (MSDS) in the Vietnamese language
to purchasers of the products as well as licensed
professional nail care employees upon request. ( Status: The
bill was held under submission in the Assembly Committee on
Appropriations.)
AB 2449 (Correa, Chapter 316, Statutes of 2002) required BBC
licensees to provide certain, specified information to when
they renew their license and requires the Bureau to report
back to the Legislature on the information they collect
pursuant to this measure, including the provisions outlined
in BPC § 7401 above related to booth renters.
SB 1134 (Karnette) of 1999 would have established certain
contractual provisions to be entered into between
establishment owners and independent contractors (booth
renters) who were licensed by the then-Barbering and
Cosmetology Program and would have required the Program to
register all independent contractors and issue a certificate
of registration to be displayed where they work. ( Status:
The bill was never heard in a policy committee of the
Assembly.)
AB 1358 (Karnette) of 1993 would have specified that a booth
renter in the cosmetology industry is an employee and not an
independent contractor for purposes of unemployment
insurance, state disability insurance, employment training
and personal income tax purposes according to certain
conditions. ( Status: The bill was vetoed by Governor Wilson
who indicated in his veto message that given the complexity
in the possible arrangements between salon owners and
cosmetologists, a case-by-case determination would seem to
make more sense. These are small businesses that should have
the right to determine what arrangements would make their
business most economically feasible.)
9. Arguments in Support. A number of nonprofit organizations
focused on improving the health of Asian Americans, serving
the Asian American community in California and groups that
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work closely with nail salon workers and their families, as
well as those with experience advocating for employment and
labor rights, are in support of this bill. Supporters
believe the bill strikes the right balance in its focus on
education and removal of language barriers while requiring
owners to have a basic understanding of their obligations
under California labor law.
The Board of Barbering and Cosmetology and Professional
Beauty Federation of California had as a support if amended
position on the previous version of this measure, expressing
concerns about requirements that would have placed questions
about BLLs on an application rather than requiring that
applicant acknowledge understanding of BLLs on the
application.
NOTE : Double-referral to Senate Committee on Labor, second.
SUPPORT AND OPPOSITION:
Support:
Asian Health Services
Asian and Pacific Islander American Health Forum
Black Women for Wellness
Board of Barbering and Cosmetology
California Employment Lawyers Association
California Healthy Nail Salon Collaborative (Sponsor)
California Immigrant Policy Center
California Labor Federation
California Pan-Ethnic Health Network
Community Action Marin
Immigrant Resettlement & Cultural Center, Inc.
Orange County Asian and Pacific Islander Community Alliance
Professional Beauty Federation of California
National Employment Law Center
WorkSafe
Opposition:
None on file as of June 7, 2016.
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-- END --