State Relations Update

Welcome to fall! The last week of September finds five state legislatures, including New Jersey, Ohio and Pennsylvania, actively meeting. As always, AACS will keep you apprised of the latest developments from across the country of interest to barbering and cosmetology schools.

Earlier this month, California Governor Jerry Brown signed two bills of interest – AB 2025 and AB 2037 – into law. AB 2025, effective July 1, 2017, requires the Board of Barbering and Cosmetology (BBC) to offer and make available all written materials provided to licensees and applicants in English, Spanish, Vietnamese and Korean. It also requires the BBC to develop a health and safety class on “hazardous substances and basic labor laws” to be taught in Board-approved schools on and after the effective date. The Act further states, “course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course.”

AB 2437 requires the state’s Labor Commissioner, on or before June 1, 2017, to develop a model notice “pertaining to the workplace rights and wage and hour laws for employees of establishments licensed under the Barbering and Cosmetology Act.” The notice required by the Act, at a minimum, must include information on the following: misclassification of an employee as an independent contractor; wage and hour laws, including, but not limited to, minimum wage, overtime compensation, meal periods, and rest periods; tip or gratuity distribution; how to report violations of the law; business expense reimbursement, and; protection from retaliation.

Links to the bills mentioned in this update can be found in AACS’ Bill Tracking Portal
at here.

On the regulatory front, Nebraska’s Board of Barber Examiners has released a proposed state authorization rule for barbering schools. It simply states, “A barber school or college that operates as a postsecondary barber school or college shall require, as a prerequisite to admission, high school graduation or its equivalent as determined by successfully passing a general educational development test.” The state’s unicameral legislature passed a state authorization bill earlier this year – LB 842 – to bring barber schools in compliance with U.S. Department of Education program integrity rules.

A rulemaking hearing will be held on October 23, 2016 in Lincoln. Comments on the rule can also be posted online. For additional information, please see the links below.

http://www.sos.ne.gov/rules-and-regs/regtrack/details.cgi?proposal_id=0000000000001687
http://www.sos.ne.gov/rules-and-regs/regtrack/proposals/0000000000001687.pdf

Countdown to the Election Day 2016 – State Legislative Elections

In advance of the 2016 elections, AACS will be highlighting key state-level races across the country. Today, we will provide a brief overview of state legislative elections as over 80% of state legislative seats are up for election this fall. In two weeks, we will highlight key gubernatorial races.

The facts:

  • 86 of 99 of the state legislative chambers in the United State will holding elections on November 8, 2016
  • 42 of the 50 state Senates are holding elections
  • 44 of the 49 state Houses are holding elections
  • 1210 of 1972 State Senate seats (61.4%) are up for election in November
  • 4710 of 5411 State House/Assembly seats (87%) are up for election in November
  • Only 3,407 seats (57.6%) feature two major party candidates in the general election

According to Ballotpedia, control of the following twenty state legislative chambers in 13 states will be decided on Election Day.

Colorado (S) (H)
Iowa (S) (H)
Kentucky (H)
Maine (S) (H)
Michigan (H)
Minnesota (S) (H)
Nevada (S)
New Hampshire (S) (H)
New Mexico (S) (H)
New York (S)
Washington (S) (H)
West Virginia (S)
Wisconsin (S)

Click here for additional information.

In the run-up to Election Day and the subsequent 2017 legislative sessions, all AACS are encouraged to build (or enhance) state legislative relationships. Please contact Brian Newman at brian.carl.newman@gmail.com if you need help identifying your legislators and/or with strategies to reach out to them.