AB 2437, as amended, Ting. Barbering and cosmetology: establishments: posting notice.
(1) The Barbering and Cosmetology Act provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology. The act requires the licensure of any person, firm, or corporation operating an establishment engaged in a practice regulated by the board, as specified, and requires a licensed establishment to comply with various requirements. That act requires the board to inspect an establishment within 90 days after issuing the establishment a license and requires the board to maintain a program of random and targeted inspections of establishments, as specified. A violation of the Barbering and Cosmetology Act is a misdemeanor unless a specific penalty is otherwise provided.
This bill would require, on and after July 1,
2017, an establishment licensed by the board to post abegin delete specifiedend delete noticebegin insert regarding workplace rights and wage and hour laws, as described in paragraph (2),end insert in a conspicuous location in clear view of employees and where similar notices are customarily posted. The bill would require the board to inspect an establishment for compliance with that requirement when it conducts the above-mentioned inspection, and would provide that a violation of that posting requirement is punishable as an administrative fine.
(2) Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations, and vests the division with the general duty of enforcing labor laws, including those relating to wage claims and employer retaliation. Existing law provides that the Labor Commissioner is the Chief of the Division of Labor Standards Enforcement.
This bill would require the Labor Commissioner, on or before June 1, 2017, to create a model posting notice pertaining to the workplace rights and wage and hour laws for employees of establishments licensed under the Barbering and Cosmetology Act. The bill would require the model posting notice tobegin delete contain clear and conciseend deletebegin insert be developed using plainend insert language and would require the commissioner to post the notice on the commissioner’s Internet Web site, as specified. The bill would require the notice to contain, at a minimum, certain information, including laws regarding overtime compensation.begin delete The bill would authorize the commissioner to consult with the Barbering and Cosmetology Board about providing the notice in additional languages other than English.end deletebegin insert
The bill would require the model notice to be translated into specified languages.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7353.4 is added to the Business and
2Professions Code, to read:
(a) On and after July 1, 2017, an establishment licensed
4by the board shall, upon availability of the posting notice developed
5by the Labor Commissioner pursuant to Section 98.10 of the Labor
6Code, post that notice in a manner that complies with the
7requirements of Section 98.10 of the Labor Code in a conspicuous
8location in clear view of employees and where similar notices are
9customarily posted.
P3 1(b) The board shall inspect for compliance with this posting
2requirement when it conducts an inspection pursuant to Section
37353.
4(c) A violation of this section shall be punished by an
5administrative fine
established pursuant to Section 7407 and shall
6not be punished as a misdemeanor under Section 7404.1.
Section 98.10 is added to the Labor Code, immediately
8following Section 98.9, to read:
(a) On or before June 1, 2017, the Labor Commissioner
10shall develop a model notice pertaining to workplace rights and
11wage and hour laws for employees of establishments licensed
12under Chapter 10 (commencing with Section 7301) of Division 3
13of the Business and Professions Code. The model posting notice
14shallbegin delete contain clear and conciseend deletebegin insert be developed using plainend insert language
15and be accessible on the Laborbegin delete Commissioner's end deletebegin insert
Commissioner’send insert
16 Internet Web site so that it is reasonably accessible to an
17establishment that must comply with Section 7353.4 of the
18Business and Professions Code.begin delete The Labor Commissioner may
19consult with the Board of Barbering and Cosmetology in providing
20the model posting notice in additional languages other than English.end delete
21(b) The model notice shall include information, including, but
22not limited to, all of the following:
23(1) Misclassification of an employee as an independent
24contractor.
25(2) Wage and hour laws, including, but not limited to, minimum
26wage, overtime compensation, meal
periods, and rest periods.
27(3) Tip or gratuity distribution.
28(4) How to report violations of the law.
29(5) Business expense reimbursement.
30(6) Protection from retaliation.
begin insert
31
(c) The model notice shall be translated into Spanish,
32Vietnamese, and Korean.
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