BILL NUMBER: AB 2437 CHAPTERED
BILL TEXT
CHAPTER 357
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2016
APPROVED BY GOVERNOR SEPTEMBER 14, 2016
PASSED THE SENATE AUGUST 17, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 15, 2016
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, 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 notice in English,
Spanish, Vietnamese, and Korean 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 in English, Spanish,
Vietnamese, and Korean 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 be developed using plain language and would require
the commissioner to post the notice in all of the specified
languages 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 require the model notice to be translated into specified
languages.
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. The notice shall be posted in English, Spanish,
Vietnamese, and Korean.
(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 be developed using
plain language, and in all languages listed in subdivision (c), and
be accessible on the Labor 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.
(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 include full text translations in
Spanish, Vietnamese, and Korean.