The 504 Assembly Bill (AB-504) of California attracts renewed attention to the ongoing debate on the classification of workers. Introduced by the member of the TA and co -author assembly by the member of the Alexandra Macedo Assembly, the bill seeks to amend section 2778 of the Labor Code, offering a significant amendment to the “ABC test” of the State and providing the manicurists with license for the option of working as independent contractors.
The problem in question
According to the current law of California, the ABC test governs the classification of workers as independent contractors or employees. This test places the burden of contracting entities to demonstrate that a worker meets three specific criteria to be classified as an independent contractor:
- The worker is free of control and address by the hiring entity.
- The workers’ tasks are outside the usual business course of the hiring entity.
- The worker is dedicated to a trade, occupation or business established independently.
While this test aims to protect workers’ rights and guarantee fair working conditions, the livelihoods of manicurists licensed in the State have involuntarily interrupted involuntarily. The exceptions under the Labor Code 2778 have granted other professionals the ability to work as independent contractors, but manicurists, despite having licenses of Bareau of Barbering and Cosmetology (BBC) as well as their peers in the beauty industry.
Ta said in a statement “,”Other types of licenses issued by the Board of Barbers and Cosmetology allow licensees to be classified as independent contractors. When exemptions were negotiated, manicurists, most of which are Vietnamese women, were marked for disparate treatment. This bill seeks to correct this injustice and provide equality according to California’s law. “
For manicurists, this raises a critical challenge. Without the flexibility of working independently, many lose control over when, where and how they work, a key factor in their ability to make a living and maintain a balance between work and life.
What AB-504 proposes
The 504 assembly bill specifically addresses this imbalance by amending the Labor Code 2778 to include licensed manicurists in the ABC test list. If approved, this bill would restore its right to work as independent contractors, which allows them greater autonomy in their careers while reducing the regulatory obstacles faced by hiring entities within the industry.
What follows for AB-504?
For now, AB-504 expects more decisions in the state legislature, but for the more than 100,000 manicurists with a California license, its future represents much more than a legal technicalism, it is about recovering the professional autonomy that they have fought for a long time.
Are attentive to updates in AB-504 as you advance.
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