Assembly member Tri Ta has called on the U.S Justice Department to launch an inquiry into what he termed “discrimination” in the state’s employment law within its beauty industry, specifically within the growing nail/manicurist industry.
The District 70 Assemblymember held a press conference Friday to denounce provisions in state law that he claims discriminate specifically against manicurists, the vast majority of which are Vietnamese/American women.
“Ensuring equal treatment under the law is a fundamental principle of our democracy,” Assemblymember Ta wrote to U.S. Attorney General Pam Bondi. “It is imperative that this injustice be rectified so Vietnamese American manicurists are afforded the same opportunities and legal protections as other beauty industry professionals in California.”
Under current law, beauty industry professionals can work as independent contractors- except for manicurists- of which over 82% are Vietnamese and 85% women, according to a recent study by the UCLA Labor Center, said Ta.
“The statewide nail salon sector is growing, and the workforce is primarily Asian, immigrant, and refugee women,” cited the UCLA Labor Center study.
“The number of nail salons in California continued to increase during the past decade; almost half of California nail salon workers are in Southern California. Most nail salons can be classified as “microbusinesses.” Nail salons and other personal care services industries have the largest Asian American and Pacific Islander (AAPI) workforce in the state, with nail salon workers more likely to be middle-aged,” it said.
In addition to calling for the investigation, Ta has introduced legislation to correct the existing injustice.
His bill, AB 504, as introduced by Ta, would change worker classification: employees and independent contractors: licensed manicurists.
According to a California legislative summary, the state’s existing law requires a 3-part test, commonly known as the “ABC” test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission.
Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation, or business.
Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification.
Existing law exempts specified occupations and business relationships from the application of the ABC test described above and more specifically, the current law makes this exemption for licensed manicurists inoperative on January 1, 2025.
Ta’s bill would delete January 1, 2025, an inoperative date, thereby making licensed manicurists subject to this exemption indefinitely.
“Every Californian who believes in justice and equality under the law should be outraged by the unfair treatment of Vietnamese-Americans working in the beauty industry,” says Assemblyman Tri Ta. “We cannot wait for politicians in Sacramento to fix this issue, that’s why I’ve called on the US Justice Department to intervene.”
Key advocates for the state’s manicurist industry stood alongside of Ta during the press to show support for giving manicurist the same opportunity as other industry professionals to act as independent contractors.