Telepeer

Orange County legislator pushes to restore independent contractor status for manicurists

March 11, 2025

Should licensed manicurists be treated differently from licensed cosmetologists under California’s employment law? Assemblymember Tri Ta doesn’t think so.

Ta, R-Westminster, has taken up an effort that he says would restore independence to California manicurists by challenging a state law he believes unfairly limits their ability to work on their own terms.

AB 5, passed in 2019, aimed to tighten rules for independent contractors across various industries, including beauty. The law aimed to protect workers by ensuring they receive benefits like minimum wage, workers’ compensation and other labor rights — protections they could lose if classified as independent contractors. Its goal was to reduce exploitation and hold employers accountable for their responsibilities.

While the law allowed licensed beauty professionals to work as independent contractors, that exemption expired in January for manicurists.

Cosmetologists, estheticians and barbers — who all fall under the state’s Board of Barbering and Cosmetology — can still rent stations and work as independent contractors.

Assemblyman Tri Ta, nail industry professionals and Vietnamese-American community leaders call for a federal civil rights investigation into discriminatory employment law during a press conference in Westminster on Friday, March 7, 2025. (Photo by Drew A. Kelley, Press-Telegram/SCNG)

1 of 3

Expand

Linh Nguyen, president of Advance Beauty College in Garden Grove, said the temporary exemption for manicurists stemmed from concerns about labor violations in New York, where nail salons were accused of exploiting workers. Nguyen said that while the intent was to protect manicurists, the law has instead taken away their ability to work independently —meaning they no longer have the freedom to rent a station in a salon and set their own schedules.

While employees earn an hourly wage and are protected by labor laws, they have to follow rules like scheduled breaks and overtime, said Nguyen, a licensed cosmetologist and manicurist for 30 years.

On the other hand, beauty professionals classified as independent contractors who rent their own stations pay a set fee — whether it’s by the hour, day, week or month — and keep all their earnings.

“Some choose to work in a salon, but some want to rent their own station and create their own hours. It’s just an option to be able to have their own business,” she said.

Ta is pushing for a permanent solution that would restore manicurists’ independent contractor status. He introduced legislation to make this change and is also calling on the U.S. Department of Justice to investigate California’s labor code for potential civil rights violations.

“This law is not only unfair, it also targets a specific hardworking immigrant community … this law forces them into a system that limits their earnings, takes away their independence and traps them in a difficult situation,” said Ta, who represents the 70th Assembly District in Orange County’s Little Saigon area.

Vietnamese Americans make up about 80% of licensed manicurists in California, and about 85% of them are women, according to a recent UCLA study.

“It is imperative that this injustice be rectified so that Vietnamese American manicurists are afforded the same opportunities and legal protections as other beauty industry professionals in California,” Ta wrote in his letter to U.S. Attorney General Pam Bondi.

The Justice Department’s public affairs office did not respond to a request for comment on Monday.

A report on California’s nail salon workers published last year by the UCLA Labor Center suggests that classifying manicurists as independent contractors leads to unfair treatment.

“Nail salon workers too often do not receive the legally mandated state or local minimum wage” and miss out on “other important workplace protections and benefits,” the report said.

Under the current law, manicurists who wish to be classified as independent contractors would have to go back to school and get a full cosmetology license.

With the manicurist exemption sunsetting, salon owners are also impacted, having to restructure their business models to hire all workers as employees rather than allowing them to rent space, said Nguyen.

Mike Vo, an attorney and co-founder of the Pro Nails Association in Huntington Beach, said many salon owners and licensed manicurists were unaware of the law changing as of January.

“The disparate impact of the law is that it affects Vietnamese American manicurists, hardworking men and women trying to make a living. With this bill, we’re looking to eliminate the expiration of the exemptions that are available to all licensed beauty professionals,” he said.

Ta’s legislation has been referred to the Committee on Labor and Employment.

Orange County legislator pushes to restore independent contractor status for manicurists Orange County Register

News Details

Orange County legislator pushes to restore independent contractor status for manicurists

Leave a Reply Cancel reply

News

CONTACT INFO

QUICK LINKS

SERVICES

CURRENT NEWS