Tag: beauty industry

Whats the big deal everyone?

~ Joseph Kellner

Everyone is in a fluster about many states in the U.S. looking over the option of deregulation of the cosmetology license. How many times have we heard this, and how many times have we gained no interest within the profession. Interest is being gained by the PBA (Professional Bullshit Organization) and also from beauty school mills within the beauty industry.

Why? It’s all about money, money, money. Not a standard of professionalism. Here is the criteria of a hairdresser in europe. And this criteria of a european hairdresser has been this way for many , many years.

Europe has some of the best cosmetology schools in the world.  Hairdressers are at the top of the scale!
A minimum of 4 years of education only focused on hair and coloring! That includes that you also becomes a color specialist.  Compared to so-called beauty schools in th U.S. a 7 month course that qualifies you as a hairdresser after a 1,000-hour program which have you out and working in the field in as little as 7 ½ months. With no focus on only hair. But a slice into different fields as shown!

Haircutting and styling, Hair coloring and lightning, nail care, skin care, hair and scalp disorders, chemistry as applied to cosmetology, anatomy and physiology, health and safety?, professional requirements, makeup. With all of this education are you really a hairdresser, haircolorist, makeup artist, facialist, nail tech? No you are not. It takes time to learn all of these trades. But in America if you have a license you are titled as such. A hairdresser in europe who has 5 years of education and time in service in their field can run rings around an America hairdresser.

But they don’t need a license. They don’t need some one coming in there salon inspecting, they are grown ups, they can do it on their own. But like in any other profession you have the good and the bad. Getting rid of  a cosmetology license will only make the cream of the crop rise even further, and will also make beauty schools more accountable for their teaching. If you want to make a good living and have no conscious of how you treat people open up a beauty school. And do the work of the Devil.  Our industry has been plagued by beauty schools, organizations, and pulpit teaching preachers about how bad the new cosmetology student is. All they want is want and want,  the industry proclaims! Well read some emails I have received about how human beings are treated in the beginning phases of my profession.

WHAT DOES A BEAUTY LICENSE PROVIDE?

 

” I just recently dropped out of the Colorado Springs Paul Mitchell School because they honestly don’t know what they’re doing. The learning leaders pick favorites and treat everybody like dirt. They gossip about students and other staff members. They don’t teach us anything once we leave core.
Financial aid is a big joke!! They steal your money.  Why is it that when money is dispersed to a student, that money goes into the financial aid leader’s personal bank account and then she cuts you a check, if you’re lucky, from there? I have so much missing money, its ridiculous.. I have about $800 in my account right now that’s mine, but they wont give it to me|. There’s always a different excuse as to why I can’t have it.
I could go on and on but there’s too much;. The school is dirty and unsanitary. No one cleans after themselves and the learning leaders constantly leave food lying around. This school is a huge joke and I can’t wait until it is investigated and shut down. What a wonderful industry you have”.

My advice to you is, “when it’s a consistent practice among multiple schools under the same organization at different locations it’s become a problem, their problems are just a tip of the iceberg of the endless list of atrocities”.

” I enrolled my daughter to this school thinking it would be professional and would treat my daughter with respect and kindness.Instead she earned 1100 hours at the school and was bit by a brown recluse spider and got a staph infection. They would not take a leave of absence or medically withdraw her from the program and instead withdrew her and said she owed them 11,000. Why do you think I sent her to school but to earn a career! Instead they are ripping us off and any other college would appeal the financial aid with draw medically and financial aid would take this”. Paul Mitchell School – The CAO Institute/Paul Mitchell partner/Alhambra, Ca

“I went to Paul Mitchell Chicago, for approximately 6 months.I had to take some time off for personal reasons and took a leave for about a month and also had missed a few days here and there. That being said, when I decided to quit the school for many reasons. I was told that I must pay the full $20,000 since my ‘scheduled’ hours exceeded 75% of completion. However, my loans went in increments of $5,000 every 25% of completion; leaving me with $5,000 to pay out-of-pocket. I attended this school back in September 2009 and when I left the school in April 2010 I received one letter from the school stating I owed them $5,118.50 on 11/1/2010. I have received another letter from their lawyer stating I am now sent to a creditor threatening to ruin my credit and I owe them $5,513.14. How they got this number I have no idea since they didn’t explain the totals. I am writing all this information because I cannot believe how a business could come after a young adult for more money when I’m already paying back my student loans of $15,000 for absolutely NOTHING. This was a horrible institute, horrible ‘teaching’ staff and horrible experience all together”. It is my biggest regret in life and now these greedy people are going to ruin the rest of my life because they want more money from me that I do not have”.

Has anybody been in this situation? It’s such a wonderful industry!!!!!!!

Love You All

Joseph Kellner

Scum of my Beauty Industry!

~ Joseph Kellner

 

Professional hair care companies as well as professional hair dressers try to spread fear amongst hair consumers by warning them about hair care products. Fear is a powerful emotion which can motivate in a variety of ways. Why do professional hairdressers hate hair product diversion? Quite simply if hair consumers buy from CVS, Walgreens or Amazon.com, they’re not buying from their salon professionals. From the beginning of time, professional hair product companies would promise professional hairdressers that they would only sell to them so that there would be no competition for any other marketplaces.

As a result, when a professional product line such as Aveda winds up in Amazon.com, professional hairdressers rise up in arms to try and stop the sale of the professional products by anyone but professional hair stylists and salons. The basic bottom line is that professional hairdressers just want to protect their sales territories.
Ask yourself how professional hair products make it to CVS or other large grocery chains? Contrary to what the professional hair companies might want you to believe, they aren’t delivered in SUVs by individual professional hairdressers who are selling out the back door of their salon. No! If a CVS sized retail outlet is buying professional products, and they are, it’s because the professional hair care company is either secretly selling directly to CVS or is looking the other way when it happens. Bottom line. Professional hair product manufacturers talk out of both sides of their mouths. The professional hair care companies have brainwashed hair consumers. In fact, in the Summer of 2008 “Good Morning America” had a segment that was focused on what has become known as Professional Hair Product Diversion. The segment spread the same fear based untruths that are often spread to hair consumers.

According to the professional hair care industry professional hair care products are only to be delivered and sold through professional salons, distributors or hairdressers. Anyone else selling professional hair care products such as Amazon.com or CVS or Target is officially selling “diverted products.” Yet why would large corporations like that take the risk to divert?
To try and minimize diversion, the professional companies will put out the fear based rumors that hair consumers who buy their professional hair care products from Amazon.com, Target or CVS are buying potentially contaminated products. Seriously, do you think that a major company like CVS and Target would risk consumer lawsuits over contaminated products? Think about that one.

The other rumors are that diverted products may be counterfeit. While I’m sure this is much more of a possibility, it is very unlikely. Yes, there have been some isolated cases but they are very rare. While major hair product manufacturers like Aveda might say they fight product diversion, if they had a hint that their products were being counterfeited they would swarm down on the store in question and seize the products in question. Why? Neither the manufacter or the retailer, like CVS, wants any legal problems from counterfeited products.

Besides falling under monitoring by the FDA, hair care products are chock full of preservatives to extend the shelf life of the products. Most hair care products have a shelf life of 3-4 years. Those very preservatives protect against the growth of any type of fungus or bacteria. If not, the products would be bulging at the seems and have a frightful odor. Just like rancid food products.

The hair care industry also hints at fungal and bacterial infestation. Is this a real danger? Again, unlikely. It is simply a scare tactic to keep hair consumers away from professional products sold over the counter.
It should be noted that many of the professional hair products found on the shelves of CVS are the latest packaging and the latest ingredients. How do I know? I have stopped to look at them in great detail. I have even taken labels from professional products purchased through professional outlets and have compared them. And yes I have interviewed buyers of companys.
Cost factors is the other diversion bugaboo. Is it true that diverted products cost more in non-authorized companies than authorized professional beauty outlets? In some cases yes but in other cases maybe not.
1. Competition in the professional hair product arena continues to explode. If a professional hair product company can sell trailor truckloads of their products to a CVS or Target and look the other way, why not? I’m not saying ALL professional companies do it, but I’m saying it happens. Probably more than you think.

Guess what, professional hairdressers know the truth. Most of them do anyway. I talked to so many hairdressers over the years who all call Hair Product Diversion the industry’s “dirty little secret.”

2. Good Business Plans. Hair consumers are cutting back on any hair related luxuries. Why would professional hair care companies promote the myth of professional diversion when it could cost them a strong growing sales base and a competitive edge with their competitors? Have they thought about that? I wonder.

3. Professional Hair Product Diversion Does Not Exist In The Rest Of The World. Hair product diversion only exists as an issue in the United States. In Europe and the rest of the world there is no Professional Hair Product Diversion issues. Hair consumers buy products from their professional hairdressers and salons but because they trust their hairdresser with the proper product recommendation and because of timing. The same should be true in the United States. Why isn’t it?

4. Professional Hair Publications Give Lip Service To Diversion Topics. Why? If a professional hair magazine or online newsletter is receiving advertising from a major professional hair care production company like an Aveda, they are definitely going to drink and share the Kool-aide. Money talks and advertising talks even louder.

Ultimately all hair consumers must think for themselves and not just believe what the hair product companies want us to believe. Before drinking the Kool-Aide of product diversion think about the realities of the situation.

Is the product in question fully stocked on the shelves? Is the entire line of products options available from shampoo to styling products? Are the products restocked on a regular basis? Do the products like brand new? They probably are.

Best Regards
Joseph Kellner

Unsafe Cosmetics Owns The U.S.Government!

~ Joseph Kellner

It is so amazing how little authority federal and state governments have over the estimated $30-billion annual cosmetics industry – even when there is compelling evidence that ingredients are dangerous. And are being sold to consumers left and right each and everyday. Did you know that under federal law, cosmetics companies don’t have to disclose chemicals or gain approval for the 2,000 products that go on the market every year. And removing a cosmetic from sale takes a battle in federal court. The same goes for entrepreneurs in my beauty industry. They will go and purchase a private label hair care/skin/makeup line, stamp their name on the line and promise you the world. Major manufacturers do this everyday, entrepreneurs in the beauty/cosmetic industry are well taught.

The Food, Drug and Cosmetic Act, enacted in 1938, doesn’t require FDA approval before a beauty product is sold to the public or give the agency authority to recall a harmful product. One of the biggest topics in my next film/documentary “Beautiful LieS”, involves the hair straighteners in the  beauty industry.  Billions of pounds of chemicals are produced every year to make adhesives and binders for wood products, pulp and paper products, plastics, synthetic fibers and textile finishing.  

In the United States, more than eight billion personal care items, mostly cosmetics, are sold annually for an estimated $54-$60 billion. From 2004 to 2012, cosmetics imports nearly doubled, according to FDA and industry officials. In California, where manufacturers must report chemicals in consumer products that are known or suspected of causing cancer  or reproductive effects, 700 companies reported 17,060 cosmetic products as containing one or more hazardous chemical ingredients. Unlike drugs and medical devices, cosmetics are not subject to pre-market approval or notification. A manufacturer may use any ingredient provided it doesn’t adulterate the product and it is properly labeled – except for 10 types of ingredients, including chloroform, methylene chlorine and mercury, according to FDA regulations.

Under the Food, Drug and Cosmetic Act, the FDA doesn’t have recall authority; instead it must start enforcement proceedings in federal court to prove harm. Thats how it all starts. So if you think about mega cosmetics company’s such as P&G, Loreal, Unilever these company’s have considerable financial pockets to pay attorneys. And they will argue their case in court until kingdom come. “Beauty industry professionals think cosmetics are tested for safety. They are not. It’s not like pharmaceuticals or even pesticides where some data are required. All the same, people slather cosmetics directly on their bodies, and absorb them in creams, deodorants, fragrances and shampoos, and ingest them in lipstick and gloss”.

The industry is highly resistant to regulation, and it provides zero information on the chemicals in products. In August, Johnson & Johnson announced it was voluntarily removing some chemicals, including formaldehyde, from its products. By 2015, the company promised to get rid of 1,4 dioxane, which is a probable human carcinogen, and several chemicals linked to altered hormones, including phthalates, triclosan and parabens.  The cosmetics industry has petitioned the FDA to strengthen some regulations. The industry recognizes the law needs modernizing in the global marketplace.  An overarching goal, however, is to avoid piecemeal state rules!

It’s going to be a long, hard haul before anything can happen. The current laws have created a perfect storm for these companies to continue to get away with it. And as long as there pockets get deeper they will get away with all this. And you the consumer are on the short end of the stick. It should shock consumers to hear how little regulation there is over the production and sale of cosmetic products. That the entire burden of proof is on the federal government to prove that certain products are harmful is unacceptable: we need safeguards put in place that require manufacturers to test the safety of their products before they reach the shelves, so consumers and Beauty industry professionals are not subject to poisonous chemicals. At the very least, the labeling of these products should inform consumers about the risks they take by using them. When cosmetic companies are expected to regulate themselves, professionals and consumers lose. We need standards in place to make sure that corporations—whether they are financial institutions, oil companies, commercial fishing companies, or food production plants—behave responsibly and do not threaten our lives.

 

Real Hair Truth Advice on the Cosmetic Industry

~ Joseph Kellner

The Real Hair Truth

In my next Documentary “Beautiful LieS”, I have interviewed so many Beauty salon employees, booth renters etc to make sure they know there products they use are legitimate. So many company’s will use deceptive labeling/marketing on their products. And if you do not take the time to investigate what are the ingredients in the products you are responsible for any issues that may arise during a service to your client. Yes once you buy a product from a manufacturer and a distributor you own that product. If something happens during the application and process of the product “YOU BOUGHT IT, NOW YOU OWN IT”. You cannot sue the manufacturer, they are not liable legally to any problems due to application and processing of the product! Especially if you are an independent contractor, make sure you have at least 2-3 millions dollars in insurance to cover yourself in the salon.  Watch your back my friends. I had a sale person come to my studio las week. He was selling a Keratin Product called, Bionaza little did he know I new alot about the company. I have cameras in my salon so I went ahead and switch them on. I asked the gentleman some questions about the product, and of course he promised the stars to me. And the product will split the oceans and the heavens and make my clients hair ever so dreamy. He also told me he was selling the product from a friend and this Bionaza was not from his distributor. He didn’t even have any directions on the product. And when I confronted him on how easy it is to buy the so-called “SALON PRODUCT” on the internet he quickly turned heels. Watch out for “SNAKE OIL SALESMEN”, my friends! Especially the lone wolf types, they will sell you anything, but will hastily throw you under the bus if the product does not do what it says it will do. This should be a good filmed clip for my Documentary.

SCUM OF THE BEAUTY INDUSTRY! Be Aware My Friends

The U.S. Department of Labor’s Occupational Safety and Health Administration today announced four new OSHA Training Institute (OTI) Education Centers and the renewal of 24 existing OTI Education Centers. Current OTI Education Centers offer training courses on OSHA standards and occupational safety and health issues. The new OTI Education Centers, which are non-profit organizations, will provide additional outlets for safety and health training to workers and employers throughout the country.

“This year, we have seen record numbers of requests for occupational safety and health training from the private sector and federal agency personnel,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “The renewal of OTI’s Education Centers and the addition of four new centers will help OSHA to meet this demand and deliver life-saving training to our country’s employers and workers.”

The OTI Education Centers program was created in 1992 to complement the OSHA Training Institute in Arlington Heights, Ill., which provides training and education to OSHA compliance officers. The OTI Education Centers provide training nationwide to private sector and federal personnel from agencies outside OSHA. The OTI Education Centers trained more than 40,000 people during the 2012 fiscal year, representing an all-time record for the program.

The OTI Education Centers also assist the agency in administering the OSHA Outreach Training Program and fulfilling the program’s monitoring requirements. OTI Education Centers are the principal distribution channel for Outreach Training Program trainer courses, including prerequisite and update courses. Trainer courses are offered by topic areas including construction, general industry, disaster site and maritime. Through these train-the-trainer programs, qualified individuals who complete a one-week OSHA trainer course are authorized to teach 10-hour or 30-hour courses focusing on safety and health hazards. Through the Outreach Training Program, more than two million people received training from fiscal 2010 through fiscal 2012. This is a voluntary program and does not meet training requirements for any OSHA standards.

The new OTI Education Centers were selected through a national competition announced on April 13, 2012, and published in the Federal register on April 15. Applicant organizations were evaluated based on organizational experience, staff experience, location and training facilities, marketing and recruitment, administrative capabilities, evaluation, and the ability to provide training throughout a given region. OSHA provides no funding to the OTI Education Centers. The OTI Education Centers support their OSHA training through their established tuition and fee structures and provide their own instructors and facilities. For more information on the OTI Education Centers Program, the Outreach Training Program, and the Directorate of Training and Education.

For information on the geographic areas served by OSHA’s Regional Offices, visit http://www.osha.gov/html/RAmap.html.

IMPORTANT NOTE! Make sure that when you are working in your salon that the owner or company adheres to the policy’s standards OSHA has mandated for your safety.

Your health is very important!

You may file a complaint to have OSHA inspect their workplace if they believe that your employer is not following OSHA standards or that there are serious hazards. Employees can file a complaint with OSHA by calling 1-800-321-OSHA (6742) or by printing the complaint form and mailing or faxing to your local OSHA area office. Complaints that are signed by an employee are more likely to result in an inspection.

How To Wrestle With Non-Compete Contracts in the Beauty/Cosmetic Industry

~ Joseph Kellner

The Real Hair Truth Documentary Blog!

 

You’d expect a fat non-compete clause in a top-tier investment banker’s employment contract. Yet more companies of all stripes are foisting non-compete contracts on lower-level lieutenants–and even line workers.

Some employers also use non-disclosure or confidentiality agreements. A non-disclosure agreement helps an organization safeguard its trade secrets and other proprietary information. Under the agreement, employees are prohibited from disclosing this information. Confidentiality agreements are similar, except that the agreement requires that one or both parties must keep information confidential.

“Even though hair stylists aren’t six-figure earners, they are frequently being asked to sign [non-competes],” says David Conforto , an attorney at Conforto Law Group in Boston. Conforto recently won an injunction for a stylist client so she could continue to work; the judge deemed her non-compete contract un-enforceable because of the high demand for qualified stylists.

Employers wield non-competes to stanch turnover and keep a firm grip on proprietary client lists and critical research. And with global competition more fierce than ever, the paranoia is at a fever pitch. Being a member of this so-called professional industry a few words of wisdom from me to you may help you from being deceived from business owners who rent chairs. After your interview make sure you take a copy of the contract to a lawyer, NOT YOUR FRIEND TO READ. But a Lawyer. Sign nothing, and if the owner will not let you take it out of the salon to give to an attorney, they are probably 100% not honest with you. SCAMMERS are abundant in the beauty industry my friends. Do not get your advice on Non-Compete contracts from a beauty industry magazine, beauty industry website, a hair idol, or so-called Icon, but from an attorney licensed in your state. Read On My Friends.

In Pictures: Five Tips For Negotiating Non-Compete Contracts

While you probably can’t avoid having to sign these contracts, you should make every effort to negotiate as much wiggle room as possible. It is your business and you must conduct yourself as a business owner.

First step: Hire an attorney to vet your contract before you sign it. Yes, you might pay $200 to $500 an hour for the privilege, but that’s probably a good bet. The cost of going to trial over a breach of a non-compete typically runs in the tens of thousands of dollars. Even if you do win the case, you don’t recoup those legal fees, as defendants typically do in other cases. If you lose, you’re out of work to boot.

If you’re presented with a non-compete clause, send your potential employer a letter confirming that you are consulting an attorney to make sure you understand all the terms. Declaring that step in writing is important because it prevents the employer from retaliating by swiping the job offer later on. (Judges don’t look too kindly on a move like that.)

In lieu of a traditional non-compete contract, try to angle for a “non-disclosure” or a “non-solicitation” agreement. Non-disclosure agreements stipulate that departing employees can’t make off with valuable research, while non-solicitation agreements prohibit them from going after important clients–except those they cultivated prior to joining the company. If that doesn’t work, focus on winnowing the scope of the non-compete. “The employer is going to push it to be as broad as possible, but you want to make it as restricted as possible without jeopardizing the job offer. Two key elements here: geography and time. Try to limit both. Reasonable restrictions will vary by industry, of course.

For example, temporarily barring a hairstylist from working in an entire county might not be plausible, but shackling a pharmaceutical rep in the same area might. Contracts stating that you can’t work in the industry throughout the U.S. probably won’t hold up in court, although some tech companies may be able to enforce them, because of the global nature of the Internet. The same strategy goes for the time span of the non-compete. The standard window for these contracts is six months to a year. Anything more than two years is downright draconian, and probably won’t hold up in court. Then again, don’t count on a judge to bail you out. “You still have to pay for litigation, or hope that your new employer will pay for it. In a tough economy, that’s a chance you probably don’t want to take. Take my advice my fellow professionals go see a lawyer.

Legal matters

While there are no federal laws directly governing non-compete agreements, some states do address the legality of such agreements. Under Wisconsin law, for example, the agreements must:

  • Be necessary for the protection of the employer;
  • Provide a reasonable time period;
  • Cover a reasonable territory;
  • Not be unreasonable to the employee; and
  • Not be unreasonable to the general public.

Although most states will enforce non-compete agreements if they are “reasonable” in terms of breadth and length of the restriction, the definition of what is “reasonable” varies. When crafting a non-compete agreement, an organization must pay careful attention to the agreement’s scope. An overly limiting agreement may be deemed un-enforceable by state courts.