In California, we pride ourselves on being a state of opportunity, where hard work, entrepreneurship, and grit are rewarded and celebrated, not penalized. But when it comes to manicurists, most of whom are Vietnamese-American women, California has failed to deliver on the promise of pursuing the California dream. These workers are being singled out by a discriminatory provision in the Labor Code, and as a result, are left with less flexibility and fewer rights than their other beauty industry counterparts.
Following the Fall of Saigon fifty years ago, Vietnamese women escaping Communist oppression settled in California in search of freedom and opportunity. Moved by their struggle, Hollywood actress Tippi Hedren arranged her professional manicurist to train these women in nail care, and thus launched a thriving industry for Vietnamese-Americans, now in its third generation.
The State Board of Barbering and Cosmetology regulates more than 560,000 licensees and 50,000 establishments. Under current law, most beauty professionals can work as independent contractors at salons. Many stylists, estheticians, and barbers rent booths, set their own schedules, and run their own businesses within salons in an arrangement that works for them and their clients.
But manicurists were inexplicably excluded by being given an exemption with an expiration date while others did not receive the same treatment.
Despite some token short-term legislative fixes, the exemption for manicurists expired on January 1 of this year. Now, under state law, manicurists must be classified as employees. This policy has a disproportionate impact, as 82 percent of manicurists are Vietnamese and 85 percent are women. This policy shift did not just disrupt an industry; it singled out a specific ethnic and gender demographic for unequal treatment. Consequently, a cosmetologist can now paint someone’s nails as an independent contractor while a manicurist cannot. This is not just unfair, it is discriminatory.
Earlier this year, I introduced Assembly Bill 504 to eliminate the sunset provision and restore equal rights to manicurists. Unfortunately, the Assembly Labor and Employment Committee refused to give the bill a hearing. It died without debate, without a vote, and without an explanation.
The outrage from the community has been overwhelming and justified. California’s Labor Code now enshrines unequal treatment for a population of working-class immigrant women who have contributed immensely to our state’s economy. If other licensed beauty professionals can work independently, why can’t manicurists?
This issue is deeply personal to me. Over 40 percent of my district identifies as Asian-American and Pacific Islander, with the vast majority being Vietnamese. For generations, Vietnamese Americans have been the backbone of the nail salon industry, a sector that now contributes over $10 billion to California’s economy. Their entrepreneurial spirit and hard work have become synonymous with this profession, and their success is a source of pride for our entire community and for California.
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Fixing this injustice will take time. But I remain committed to the principle that fairness in the workplace should not depend on your job title or your ethnicity. Equal work should mean equal treatment. And manicurists deserve nothing less.
Tri Ta represents Assembly District 70.
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