Today's Law As Amended

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AB-2437 Barbering and cosmetology: establishments: posting notice.(2015-2016)



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.