Amended in Senate March 28, 2016

Senate BillNo. 1125


Introduced by Senator Nguyen

February 17, 2016


An act tobegin delete amend Section 1171 ofend deletebegin insert add Section 2810.8 toend insert the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 1125, as amended, Nguyen. begin deleteEmployees: regulation and supervision.end deletebegin 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 deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2810.8 is added to the end insertbegin insertLabor Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert2810.8.end insert  

The State Board of Barbering and Cosmetology shall
4require, as part of a complete application for an establishment
5license made pursuant to Section 7347 of the Business and
6Professions Code by an establishment providing or proposing to
7provide nail care services, that the applicant include a signed
8acknowledgment that the applicant understands both of the
9following:

10
(a) That establishments are responsible for compliance with
11any applicable labor laws of the state.

12
(b) Those informational materials on the basic labor laws of
13the state that the State Board of Barbering and Cosmetology shall
14select or develop. As used in this subdivision, “basic labor laws”
15shall include, but not be limited to, the following:

16
(1) Key differences between the legal rights, benefits, and
17obligations of an employee and an independent contractor.

18
(2) Wage and hour rights for hourly employees.

19
(3) Antidiscrimination laws relating to the use of a particular
20language in the workplace.

21
(4) Antiretaliation laws relating to a worker’s right to file
22complaints with the Department of Industrial Relations.

23
(5) How to obtain more information about labor law from the
24Department of Industrial Relations.

end insert
begin delete
25

SECTION 1.  

Section 1171 of the Labor Code is amended to
26read:

27

1171.  

The provisions of this chapter shall apply to and include
28men, women, and minors employed in any occupation, trade, or
29industry, whether compensation is measured by time, piece, or
30otherwise, but shall not include an individual employed as an
P3    1outside salesperson or an individual participating in a national
2service program carried out using assistance provided under Section
312571 of Title 42 of the United States Code.

4An individual participating in a national service program
5pursuant to Section 12571 of Title 42 of the United States Code
6shall be informed by the nonprofit, educational institution or other
7entity using his or her service, prior to the commencement of
8service of the requirement, if any, to work hours in excess of eight
9hours per day, or 40 hours per week, or both, and shall have the
10opportunity to opt out of that national service program at that time.
11Individuals participating in a national service program pursuant
12to Section 12571 of Title 42 of the United States Code shall not
13be discriminated against or be denied continued participation in
14the program for refusing to work overtime for a legitimate reason.

end delete


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