Required Workplace Posting for All California Barbering and Cosmetology Licensees Poster

Required Workplace Posting for All California Barbering 	
and Cosmetology Licensees 	
In California, all workers are protected 	by labor laws. You have the right to be 	
treated fairly at your workplace no matte	r where you were born or whether you  	
have papers to work. The Labor Commissioner	’s Office is the state agency that 	
enforces minimum labor standards to ensur	e you are not required to work under 	
substandard, unlawful conditions. You may file a claim regardless of your 
immigration status and do not need a Social 	Security number or photo identification 	
in order to file a claim or report a violat	ion. You do not need a lawyer to file a wage 	
claim and the Labor Commissioner’s Office 	will provide an interpreter in your 	
language.  
Misclassification of an employee as an independent	 contractor  	
A worker that is considered an 	“employee” as opposed to an “independent 	
contractor” (sometimes referred to as 	a “10-99 worker”) is 	entitled to many 	
workplace protections under State labor laws.  
A person is an “employee” 	if the conditions of work	 show an employment 	
relationship applying special definitions stated in the law. 	Employees	 must be paid 	
minimum wage, allowed meal and rest 	breaks, able to earn overtime and are 	
entitled to sick leave, among other ri	ghts and protections. 	There is a general 	
presumption that a person who performs 	services for a business is an employee. 	
A person who qualifies 	as an employee may be im	properly treated as an 	
independent contractor. Simply calling 	a worker an independent	 contractor does 	
not make them one and an employee who 	is misclassified as an independent 	
contractor is subject to the rights and pr	otections of an employee. An employer 	
may be responsible for owed wages, interest, damages, and may be subject to  
penalties due to the misclassified employee.   
Generally speaking, the more control an 	employer has over how the employee 	
works such as determining their rate of pay	, their price list, what	 hours they work 	
and when they work, or cont	rol other general working conditions, the more likely 	
the worker is an employee and 	not an independent contractor.  	
Minimum wage, overtime compensation, 	meal periods, and rest periods 	As 	
of January 1, 201	8 the minimum wage for employers with 25 or fewer 	
employees is $10.	50 an hour and $1	1.00 an hour 	for employers with 26 or more 	
employees. If you are paid by piece rate	, per hour, by commission, or paid by the 	
day, your wages still have to equal at least minimum wage for all the hours you 
Notice required by California Business and 	Professions Code section 7353.4 & Labor Code 	
section 98.10 (AB 2437, Chapter 	357, Statutes of 2016)

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worked. The minimum wage will increase 	on January 1 of each year for the next 	
several years.  
Employers must pay	 overtime 	
Most workers in California must receive overtime pay of: 	
 	1.5 times the regular rate of pay for all hours worked over 8 a day. 	
 	Double the regular pay	 for all hours worked over 12 a day. 	
If a worker works seven days in a wo	rkweek, the worker must be paid: 	
 	1.5 times the regular rate of pay fo	r the first 8 hours on the seventh day, 	
and 	
 	Double the regular rate of pay 	for all hours 	worked over 8 hours on the 	
seventh day. 	
Meals and rest breaks  
Your employer must allow you to take a 	break for meals and rest. Most workers in 	
California must receive an uninterr	upted and duty free 30-minute unpaid meal 	
period for every 5 hours worked. Also, a 	paid 10-minute rest period for every 4 	
hours worked. You may be entitled to a re	st break even if you work less than 4 	
hours. An employer who fails to provide a 	duty-free meal period or rest break must 	
pay an amount of one hour’s pay for each day	 that a meal or rest period is not 	
provided.  
Tip or gratuity distribution 	
 	If a customer offers you a tip your 	employer cannot take any portion of it. 	
 	If a tip pooling policy	 exists at 	the business and more than one worker 	
assists a customer but t	he customer only tips one wo	rker, that worker may 	
be required to share that tip with the ot	her worker if the 	policy requires it. 	
 	All tips received by workers must be	 in addition to wages. Your employer 	
cannot count your tips towards your	 hourly wage or your commission. 	
 	Any tips paid on a credit card must be paid to you by the following pay day. 	
 	Your employer cannot deduct any fees 	or charges from tips paid for by a 	
credit card. 	
Business expense reimbursement  
An employee is entitled to 	reimbursement for all expenses	 or losses incurred by 	
the worker in the course of	 performing their job. For 	example, an employer cannot 	
require an employee to buy certai	n tools, 	including instruments 	or a uniform, unless 	
the employer pays for 	the tools or uniform. 	
Protection from retaliation 
It is illegal for employers to retaliate agai	nst workers. Your boss cannot take any 	
action to discipline, demote, punish, adver	sely change your working conditions, or 	
fire you or your co-workers	 for reporting a labor law viol	ation, a work-related injury, 	
Notice required by California Business and 	Professions Code section 7353.4 & Labor Code 	
section 98.10 (AB 2437, Chapter 	357, Statutes of 2016)