Amended in Senate March 28, 2016

Senate Bill No. 1125

Introduced by Senator Nguyen

February 17, 2016

An act to begin delete amend Section 1171 of end delete begin insert add Section 2810.8 to end insert the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 1125, as amended, Nguyen. begin delete Employees: regulation and supervision. end delete begin insert Employment relations: nail care salons: labor law compliance. end insert

begin insert

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. Existing law imposes various duties on employers with respect to employment relations, including requiring the employer to, at the time of hiring, provide each employee with a written notice containing specified information about the terms of employment and the rights of the employee.

end insert begin insert

In the case of an establishment offering or proposing to offer nail care services, this bill would require the board to require an application for an establishment license to include a signed acknowledgment that the applicant understands that the applicant is responsible for compliance with any applicable labor laws of the state and the informational materials that the board selects or develops on basic labor laws, as specified.

end insert begin delete

Existing law regulates the wages, hours, and working conditions of employees with specified exceptions. Under existing law, these provisions apply to and include men, women, and minors employed in any occupation, trade, or industry, except as provided.

end delete begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2810.8 is added to the end insert begin insert Labor Code end insert begin insert , to
read: end insert

begin insert

begin insert 2810.8. end insert   

The State Board of Barbering and Cosmetology shall
require, as part of a complete application for an establishment
license made pursuant to Section 7347 of the Business and
Professions Code by an establishment providing or proposing to
provide nail care services, that the applicant include a signed
acknowledgment that the applicant understands both of the
following:

(a) That establishments are responsible for compliance with
any applicable labor laws of the state.

(b) Those informational materials on the basic labor laws of
the state that the State Board of Barbering and Cosmetology shall
select or develop. As used in this subdivision, “basic labor laws”
shall include, but not be limited to, the following:

(1) Key differences between the legal rights, benefits, and
obligations of an employee and an independent contractor.

(2) Wage and hour rights for hourly employees.

(3) Antidiscrimination laws relating to the use of a particular
language in the workplace.

(4) Antiretaliation laws relating to a worker’s right to file
complaints with the Department of Industrial Relations.

(5) How to obtain more information about labor law from the
Department of Industrial Relations.

end insert

begin delete

SECTION 1.  

Section 1171 of the Labor Code is amended to
read:

1171.  

The provisions of this chapter shall apply to and include
men, women, and minors employed in any occupation, trade, or
industry, whether compensation is measured by time, piece, or
otherwise, but shall not include an individual employed as an
outside salesperson or an individual participating in a national
service program carried out using assistance provided under Section
12571 of Title 42 of the United States Code.

An individual participating in a national service program
pursuant to Section 12571 of Title 42 of the United States Code
shall be informed by the nonprofit, educational institution or other
entity using his or her service, prior to the commencement of
service of the requirement, if any, to work hours in excess of eight
hours per day, or 40 hours per week, or both, and shall have the
opportunity to opt out of that national service program at that time.
Individuals participating in a national service program pursuant
to Section 12571 of Title 42 of the United States Code shall not
be discriminated against or be denied continued participation in
the program for refusing to work overtime for a legitimate reason.

end delete