BILL NUMBER: AB 2437 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
INTRODUCED BY Assembly Member Ting
FEBRUARY 19, 2016
An act to add Section 7353.4 to the Business and Professions Code,
and to add Section 98.10 to the Labor Code, relating to barbering
and cosmetology.
LEGISLATIVE COUNSEL'S DIGEST
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 a specified
notice regarding workplace rights and wage and hour
laws, as described in paragraph (2), 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 to contain clear and
concise be developed using plain 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. The bill would authorize
the commissioner to consult with the Barbering and Cosmetology Board
about providing the notice in additional languages other than
English. The bill would require the model notice to be
translated into specified languages.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7353.4 is added to the Business and Professions
Code, to read:
7353.4. (a) On and after July 1, 2017, an establishment licensed
by the board shall, upon availability of the posting notice developed
by the Labor Commissioner pursuant to Section 98.10 of the Labor
Code, post that notice in a manner that complies with the
requirements of Section 98.10 of the Labor Code in a conspicuous
location in clear view of employees and where similar notices are
customarily posted.
(b) The board shall inspect for compliance with this posting
requirement when it conducts an inspection pursuant to Section 7353.
(c) A violation of this section shall be punished by an
administrative fine established pursuant to Section 7407 and shall
not be punished as a misdemeanor under Section 7404.1.
SEC. 2. Section 98.10 is added to the Labor Code, immediately
following Section 98.9, to read:
98.10. (a) On or before June 1, 2017, the Labor Commissioner
shall develop a model notice pertaining to workplace rights and wage
and hour laws for employees of establishments licensed under Chapter
10 (commencing with Section 7301) of Division 3 of the Business and
Professions Code. The model posting notice shall contain
clear and concise be developed using plain
language and be accessible on the Labor Commissioner's
Commissioner's Internet Web site so that it is
reasonably accessible to an establishment that must comply with
Section 7353.4 of the Business and Professions Code. The
Labor Commissioner may consult with the Board of Barbering and
Cosmetology in providing the model posting notice in additional
languages other than English.
(b) The model notice shall include information, including, but not
limited to, all of the following:
(1) Misclassification of an employee as an independent contractor.
(2) Wage and hour laws, including, but not limited to, minimum
wage, overtime compensation, meal periods, and rest periods.
(3) Tip or gratuity distribution.
(4) How to report violations of the law.
(5) Business expense reimbursement.
(6) Protection from retaliation.
(c) The model notice shall be translated into Spanish, Vietnamese,
and Korean.