Bill Text: CA AB2444 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Barbering and cosmetology: licensees: manicurists.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2444 Detail]
Download: California-2023-AB2444-Amended.html
with
in the application. Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with in the renewal application. If the applicant is obtaining ownership of an existing establishment, the board may establish the fee in an amount less than the fee prescribed by this chapter. The applicant, if an
individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location shall be unlawful unless a license for the new location has been obtained upon compliance with this section, applicable to the issuance of a license in the first instance.(a)In consultation with the Department of Industrial Relations and community-based organizations, the board shall develop a language-appropriate and culturally-appropriate educational video or videos on basic labor laws, as described in Section 7314.3. posts on basic labor law, as described in Section 7314.3, and share with its licensees, at least two times per year, over
the board’s communications channels such as the quarterly newsletter, social media, and others. In addition to English, information shall be in Vietnamese, Spanish, Korean, and Chinese.
Bill Title: Barbering and cosmetology: licensees: manicurists.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2444 Detail]
Download: California-2023-AB2444-Amended.html
|
Amended
IN
Assembly
April 02, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2444
| Introduced by Assembly Member Lee |
February 13, 2024 |
An act to amend Sections 7314.3, 7337, 7347, and 7389 of, and to add Section 7389.1 to, the Business and Professions Code, relating to barbering and cosmetology.
LEGISLATIVE COUNSEL'S DIGEST
AB 2444, as amended, Lee.
Barbering and cosmetology: licensees: manicurists.
Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs.
Existing law requires the board to establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board that impact licensees, including how to ensure licensees are aware of basic labor laws and how to ensure licensees have awareness about physical and sexual abuse their clients may be experiencing. Existing law defines “basic labor laws” for this purpose, and the definition includes the wage and hour rights of an hourly employee.
This bill would add to the definition of “basic labor laws” the right to sick pay.
Existing law, relating to licenses for activities licensed under existing law, establishes requirements for application for licensure or renewal of licensure. licensure, including informational materials on basic labor law being included with the application or renewal form.
This bill, commencing January 1, 2026, would require the board to require all applicants or licensees to view a video on basic labor laws as a condition of receiving a license or license renewal. bill would require that the informational materials on basic labor law be provided in the application and
renewal forms themselves instead of alongside them, and would require the informational materials to include information relating to specified law.
Existing law, relating to licenses for establishments where activities licensed under existing law are practiced, establishes requirements for application for licensure or license renewal for any person, firm, or corporation desiring to operate an establishment. establishment, including informational materials on basic labor law being included with the application or renewal form.
This bill, commencing January 1, 2026, would require the board to require all board-licensed establishment owners to view a video on basic labor laws as a condition of receiving a license or license renewal.
bill would require that the informational materials on basic labor law be provided in the application and renewal forms themselves instead of alongside them, and would require the informational materials to include information relating to specified law.
Existing law requires the board to develop or adopt a health and safety course to be taught in schools approved by the board on, among other topics, basic labor laws.
This bill would require the board, in consultation with the Department of Industrial Relations, to develop and, by July 1, 2025, disseminate, a notification to all board-licensed establishments and licensed manicurists that includes specified statements to inform those licensees of a change in the law relating to the employment classification of manicurists and of the legal consequences of
employment classification as an employee or misclassification of a worker.
This bill would also require the board, in consultation with the Department of Industrial Relations and community-based organizations, to develop a language-appropriate and culturally-appropriate educational video or videos posts on basic labor laws, as prescribed, and post the video or videos on the board’s internet website or other accessible platform.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) The Business and Professions Code requires that beauty school curriculums, including nail care, and barber school curriculums include information on basic labor laws.
(b) Section 98.10 of the Labor Code requires that all board establishment owners post, in their shops, language-accessible information on workplace rights and wage and hour laws.
(c) Clause (vi) of subparagraph (L) of paragraph (2) of subdivision (b) of Section 2778 of the Labor Code requires that, as
of January 1, 2025, the “ABC” test for employee status be applied to licensed manicurists. This law may result in a person providing nail services at a nail salon being considered an employee.
(d) According to a 2018 report coauthored by the Labor Center at the University of California, Los Angeles, and the California Healthy Nail Salon Collaborative, 78 percent of nail salon workers earn less than the minimum wage. This is in contrast to the 33 percent national rate for all industries in the country.
(e) According to the 2017–21 United States Census Bureau’s American Community Survey 5-year Estimates, the median wage of full-time nail salon workers in California is $10.16, whereas the median wage of all other full-time workers in California is $25.69.
(f) A 2016–17 California survey of 93 Vietnamese nail salon workers found a high prevalence of misclassification and confusion among nail salon workers and owners regarding employment classification and pay practices.
(g) Most nail salon workers and owners are Vietnamese and many are limited English speakers.
(h) Many nail salon owners are former nail salon workers and tend to carry on the employment practices experienced in their former workplaces.
(i) Regular education on basic labor law such as minimum wage and proper employment classification is necessary to ensure that board-licensed workers, in particular licensed manicurists, are properly
classified, are paid a minimum wage, and afforded sick pay and all other benefits of “employee” status in California.
SEC. 2.
Section 7314.3 of the Business and Professions Code is amended to read:7314.3.
(a) The board shall establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board that impact licensees, including how to ensure licensees are aware of basic labor laws and how to ensure licensees have awareness about physical and sexual abuse their clients may be experiencing.(b) For purposes of this section, “basic labor laws” include, but are not limited to, all of the following:
(1) Key differences between the legal rights, benefits, and obligations of an employee and an independent contractor.
(2) Wage and hour rights of an hourly employee, including, but not limited to, the right to sick pay.
(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 state and federal labor laws.
(c) For purposes of this section, physical and sexual abuse includes, but is not limited to, the following:
(1) Domestic violence.
(2) Sexual assault.
(3) Human trafficking.
(4) Elder abuse.
(d) Members of the committee shall receive a per diem pursuant to Section 103.
SEC. 3.
Section 7337 of the Business and Professions Code is amended to read:7337.
(a) Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board.(b) Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and licensure. It shall be verified by the oath of the applicant and shall include a signed acknowledgment that the applicant understands their rights as a licensee as outlined described in informational materials on basic labor laws, as specified
in Section 7314.3, that the applicant is provided by the board with in the application. Every applicant, as a condition of admittance to the examination facility, shall present satisfactory proof of identification. Satisfactory proof of identification shall be in the form of a valid, unexpired driver’s license or identification card, containing the photograph of the person to whom it was issued, issued by any state, federal, or other government entity.
(c) Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands
their rights as a licensee as outlined described in informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with in the renewal application.
(d) Commencing January 1, 2026, the board shall require all applicants or licensees to view a video on basic labor laws as a condition of receiving a license or license renewal. (1) The “informational materials on basic labor laws,” referred to in this section, shall be written by the Department of Industrial Relations and include information regarding the test set forth in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 2775 of the Labor Code as it pertains to manicurists, and a link to the notice required by Section 98.10 of the Labor Code.
(2) The informational materials referenced in this section shall be inserted by the board into the application and renewal forms themselves.
(e) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.
SEC. 4.
Section 7347 of the Business and Professions Code is amended to read:7347.
(a) Any person, firm, or corporation desiring to operate an establishment shall make an application to the board for a license accompanied by the fee prescribed by this chapter. The application shall be required whether the person, firm, or corporation is operating a new establishment or obtaining ownership of an existing establishment. The application shall include a signed acknowledgment that the applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, the applicant is provided by the board(b) Commencing January 1, 2026, the board shall require all board-licensed establishment owners to view a video on basic labor laws as a condition of receiving a license or license renewal. (1) The “informational materials on basic labor laws,” referred to in this section, shall be written by the Department of Industrial Relations and include information regarding the test set forth in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 2775 of the Labor Code as it pertains to manicurists, and a link to the notice required by Section 98.10 of the Labor Code.
(2) The informational materials referenced in this section shall be inserted by the board into the application and renewal forms themselves.
(c) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.
SEC. 5.
Section 7389 of the Business and Professions Code is amended to read:7389.
(a) The board shall develop or adopt a health and safety course on hazardous substances, basic labor laws, as specified in Section 7314.3, and physical and sexual assault awareness, as specified in Section 7314.3, which shall be taught in schools approved by the board. Course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course.(b) The board, in
consultation with the Department of Industrial Relations, Relations shall develop a language and culturally appropriate notification to all board-licensed establishments and licensed manicurists, including statements to inform those licensees, as follows: manicurists to inform those licensees as follows:
(1) In this state, as of January 1, 2025, there was a change in the law regarding employment
classification of manicurists, such that the test under subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 2775 of the Labor Code, referred to as the ABC test, applies to manicurists.
(2) Under the ABC test, a person who provides labor or services for compensation is considered an employee unless the hiring entity can demonstrate that the person satisfies all three conditions of the ABC test that describe an independent contractor. If a person
is providing nail services in a nail salon, they may be an “employee” under the ABC test and, if so, they will be treated accordingly with regard to state protections for employees, including, but not limited to, minimum wage, sick pay, and workers’ compensation.
(3) The failure to properly classify a worker could result in penalties imposed on the establishment owner.
(c) The board, department, by July 1, 2025, shall disseminate to individual licensees, through language-appropriate and culturally-appropriate methods, including text messaging and ethnic media,
disseminate, through ethnic media and individually through United States Postal Service mail, the information in subdivision (b) to all board-licensed establishments where manicurist work and to licensed manicurists. In addition to English, information shall be in Vietnamese, Spanish, and Korean. Korean, and Chinese.
SEC. 6.
Section 7389.1 is added to the Business and Professions Code, to read:7389.1.
(b)The board shall issue a competitive request to community-based organizations to develop and produce the educational video or videos focused on board-licensed establishment owners and workers, with particular focus on nail salons. Community-based organizations shall have demonstrated experience in carrying out outreach and education directed at these populations, including knowledge of, and demonstrated familiarity with, issues facing the salon industry. In addition to English, the video or
videos shall be in Vietnamese, Spanish, and Korean.
(c)The board shall post the video or videos on the board’s internet website or other accessible platform. A video shall include mechanisms, including, but not limited to, test questions, to ensure that an applicant or licensee completes the viewing of the video before they receive a license or a renewal.
(d)The board shall notify its licensees of the requirements of this section via ethnic media, industry publications, social media, and any other method the board determines to be effective.
