Tag: employee

Employee Lawsuit brought against Sephora for unpaid wages

~ Joseph Kellner

Sephora is at the centre of an Employee Lawsuit after workers accused the retailer of failing to adequately compensate them for time spent going through security and applying make-up before a shift.

The lawsuit was brought against it in the Superior Court of California, County of San Francisco, with a team of attorneys representing around 8,000 Sephora workers. The employees are asking the judge to grant class certification for the wage-and-hour lawsuit, according to a report by Top Class Actions.

However, despite Judge Karnow raising concerns that lack of solid evidence of the unpaid time spent in work could lead to liability issues, attorneys on the Sephora employee lawsuit countered that this lack of time logging was due to Sephora, which had a ‘duty to track’.

An attorney allegedly stated, “As far as liability goes, a lot of the claims involve time. You can’t allow an employer to avoid paying employees by virtue of the fact it didn’t track its time. That means an employee cannot prove his or her damages. If they had tracked time, we wouldn’t be having this conversation.”

Sephora workers were said to have provided evidence that they are expected to wear and maintain their make up as part of their duties, while the lawsuit also alleged the retailer failed to provide ample rest and meal breaks.

The beauty retailer is said to have started compensating workers an extra three minutes for security bag checks, a move that attorneys argue is an acknowledgement by Sephora that it had been failing to do this previously.

You Should know FDA Authority Over Beauty/Cosmetics

~ Joseph Kellner
 
Sorry everyone I’m not selling hair care, or teaching haircuts, or color but what I can give you is information that you should know. I have been in the Beauty/Cosmetic industry for well over 25 years and take it from me, a product is here yesterday and gone tomorrow. In Cosmetology school there is a lack of education being given to the student on laws of products, what a manufacturer can say and not say ie (labeling, ingredient’s). What governmental agency’s are there for the protection of the independent stylist and also for the salon employee. Many, many individuals will set up blogs, websites telling you how to overcome customer relations, how to hair color, how to haircutting, and often these individuals will set up a class telling you how to make a ‘Facebook page”. I see this alot at the beauty shows in my industry. But I never really see the hard facts being given to the professional. Its easy to skirt the issues of the beauty industry, “Keep the dumb”, I say. Which to me is so very sad. Many of my fellow professionals are given a line of BS, and are insulted by manufacturers and so-called beauty icons and magazine and websites. Not really taking the issues that are needed for change in my industry, Product knowledge is what they will get and only enough education to buy a product the manufacturers are pushing. Below is important information you should know about the FDA, and how it will help you within your profession. Never, never take the sales persons,distributors or manufactures word as law in the beauty/cosmetic industry, investigate on your own and come to your on conclusions. And if you see a so-called beauty industry “ICON’ pushing a product, WATCHOUT, they are basically being paid to SELL that product!
What does the law say about cosmetic safety and labeling?
The two most important laws pertaining to cosmetics marketed in the United States are the Federal Food, Drug, and Cosmetic Act1 (FD&C Act) and the Fair Packaging and Labeling Act2 (FPLA). The Food, Drug & Cosmetic Act prohibits the marketing of adulterated or misbranded cosmetics in interstate commerce. Violations of the Act involving product composition–whether they result from ingredients, contaminants, processing, packaging, or shipping and handling–cause cosmetics to be adulterated and subject to regulatory action.
 
Under the FD&C Act, a cosmetic is adulterated if–
“it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or under conditions of use as are customary and usual” [with an exception made for hair dyes];
“it consists in whole or in part of any filthy putrid, or decomposed substance”;
“it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health”;
“its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health”; or except for hair dyes, “it is, or it bears or contains, a color additive4 which is unsafe within the meaning of section 721(a)” of the FD&C Act. (FD&C Act, sec. 601).
 
Improperly labeled or deceptively packaged products are considered misbranded and subject to regulatory action. Under the FD&C Act, a cosmetic is considered misbranded if–
“its labeling is false or misleading in any particular”;
“its label does not include all required information;
“the required information is not adequately prominent and conspicuous;
“its container is so made, formed, or filled as to be misleading”;
“it is a color additive, other than a hair dye, that does not conform to applicable regulations issued under section 721 of the FD&C Act; and
“its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.” (FD&C Act, sec. 602)
In addition, under the authority of the FPLA, FDA requires an ingredient declaration to enable consumers to make informed purchasing decisions. Cosmetics that fail to comply with the FPLA are considered misbranded under the FD&C Act. It is important to understand that Congress passes the laws that govern the United States. To put those laws into effect, Congress authorizes certain government agencies, including FDA, to create and enforce regulations, but only as authorized under the law. A change in FDA’s statutory authority over cosmetics would require Congress to change the law.
Does FDA approve cosmetics before they go on the market?
FDA’s legal authority over cosmetics is different from other products regulated by the agency, such as drugs, biologic, and medical devices. Cosmetic products and ingredients are not subject to FDA premarket approval authority, with the exception of color additives. However, FDA may pursue enforcement action against violative products, or against firms or individuals who violate the law.
Must cosmetic manufacturers register with FDA?
Manufacturers are not required to register their cosmetic establishments, file data on ingredients, or report cosmetic-related injuries to FDA. However, companies are encouraged to register their establishments and file Cosmetic Product Ingredient Statements with FDA’s Voluntary Cosmetic Registration Program11 (VCRP).
Can FDA inspect cosmetic manufacturers?
FDA can and does inspect cosmetic manufacturing facilities10 to assure cosmetic product safety and determine whether cosmetics are adulterated or misbranded under the FD&C Act or FPLA.
What actions can FDA take against firms that market adulterated or misbranded cosmetics?
FDA may take regulatory action if it has information to support that a cosmetic is adulterated or misbranded. The agency can pursue action through the Department of Justice in the federal court system to remove adulterated and misbranded cosmetics from the market. To prevent further shipment of an adulterated or misbranded product, the agency may request a federal district court to issue a restraining order against the manufacturer or distributor of the violative cosmetic. Violative cosmetics may be subject to seizure. FDA also may initiate criminal action against a person violating the law. In addition, FDA works closely with the U.S. Customs and Border Protection8 to monitor imports. Under section 801(a) of the FD&C Act, imported cosmetics9 are subject to review by FDA at the time of entry through U.S. Customs. Products that do not comply with FDA laws and regulations are subject to refusal of admission into the United States. Violative products must be brought into compliance (if feasible), destroyed, or re-exported. FDA takes regulatory action based upon agency priorities, consistent with public health concerns and available resources.
 
Can FDA order the recall of a hazardous cosmetic from the market?
Recalls of cosmetics are voluntary actions taken by manufacturers or distributors to remove from the marketplace products that represent a hazard or gross deception, or that are somehow defective. FDA categorizes a firms action as a recall (as opposed to a market withdrawal) when it determines that the product hazard or defect represents a violation of the FD&C Act. FDA is not authorized to require recalls of cosmetics but does monitor companies that conduct a product recall and may request a product recall if the firm is not willing to remove dangerous products from the market without FDA’s written request. Recalls are addressed in Title 21 of the Code of Federal Regulations (CFR), sections 7.40 through 7.59.
Who is responsible for substantiating the safety of cosmetics?
Cosmetic firms are responsible for substantiating the safety of their products and ingredients before marketing. Failure to adequately substantiate the safety of a cosmetic product or its ingredients prior to marketing causes the product to be misbranded unless the following warning statement appears conspicuously on the principal display panel of the product’s label:
“Warning–The safety of this product has not been determined.” (21 CFR 740.10)
In addition, regulations prohibit or restrict the use of several ingredients5 in cosmetic products and require warning statements6 on the labels of certain types of cosmetics. In general, except for color additives and those ingredients which are prohibited or restricted from use in cosmetics by regulation, a manufacturer may use any ingredient in the formulation of a cosmetic provided that the ingredient and the finished cosmetic are safe, the product is properly , and the use of the ingredients does not otherwise cause the cosmetic to be adulterated or  under the laws that FDA enforces.
 
Joseph Kellner Hairdresser/Mua/Film Producer

The Real Hair Truth:Solving the Problem of Mislabeled Organic Personal Care Products

~ Joseph Kellner

Every professional should know about the diction and definitions of organic products within our industry. The language of ingredients can be very vague at times and also very confusing. At no time would I personally take the information from a manufacturer and believe it. Go outside of your industry to chemists or your local state college to get the proper information on the ingredients listed in your salon products. If an individual sends you products without proper labeling and is just wrapped in tissue, BEWARE! How do you know if the product is “SAFE”. There are a lot of “MOM&POP” businesses who will start-up in their own homes and will visit a MICHAEL arts and craft store to purchase wax, scents, soaps and “WELLAH”, you have a supposedly ORGANIC PRODUCT”. Beware what you buy in the Beauty Industry and have it tested. You can go to your state college and the college will test the products you received for little to nothing. You can also hire a chemist and have a ingrediant  test done on the products. Below this is the official information from the USDA on Labeling of Organic Hair Care. You should know this take the time to educate yourself of the information the USDA offers us in the Beauty Industry. Look for the USDA organic seal on shampoos that claim to be organic. Although there are multiple “organic” and “natural” standards, each with its own varying criteria, the USDA Organic Standards are the “gold standard “for personal care products”.

The Certification, Accreditation, and Compliance Committee (CACC) recommends that organic personal care products be recognized explicitly by the National Organic Program (NOP) to ensure consumers and businesses alike that the products have an unquestioned home in the USDA National Organic Program.

Background: The policy statement of the USDA on August 23, 2005 extended the USDA regulations to cover the organic claims made by personal care products which meet the composition requirements for organic food. With this recognition has come the full force of certification and enforcement. While this is an improvement over what previously existed, an ever-increasing stream of personal care products making organic claims continues to flow in to the market place. In an April 2008 news bulletin, the NOP further explained USDA organic certification of cosmetics, body care products, and personal care products. Most recently, in July 2009, the NOP published a “DRAFT FOR COMMENT ONLY: Certification and Labeling of Soap Products Made From Agricultural Ingredients.” The Appendix contains these 3 NOP statements. None of these statements were developed through the Federal Rulemaking process, neither is it certain how durable these various statements will be at NOP.

Cosmetics, Body Care Products, and Personal Care Products

The Problem of Mislabeled Personal Care Products

The USDA is responsible for product organic claims but is not currently enforcing this in the area of personal care products. Consumers are not assured that organic claims are consistently reviewed and applied to the class of products known as personal care products. For instance, at a given retailer, one may find personal care products such as shampoos and lotions labeled as “organic” with no clear standards or regulatory underpinning for the organic claim–and unless the product is specifically labeled as “USDA Organic,” the word “organic” may be used with impunity. Manufacturers of personal care products that contain organic ingredients are hindered by a thicket of competing private standards and confusion regarding the applicability of the NOP to their products. Transactions lack the regulatory clarity that applies under the NOP to food products that contain organic ingredients.

Given the pace of development of this marketplace, and the important but uneven development of private standards, the NOP should take the necessary initial steps to bring this product class into a coordinated existence with organic food products under the regulation.

This recommendation takes the initial steps toward:

3) assuring consumers that the federal government is policing organic claims on personal care products

4) allowing for the development of a complete federal organic personal care product program

Recommendation

To facilitate the development of a single national standard for this product class, and to ensure consumers that organic personal care products meet a consistent standard, the CACC recommends that the following amendments be made to 7 CFR Part 205. Underlined text is to be added to the current rule.

1. §205.102. Add Definition of Personal Care Products:

(1) An article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance

2. §205.100(a) Add words “including personal care products”

Except for operations exempt or excluded in § 205.101, each production or handling operation or specified portion of a production or handling operation that produces or handles crops, livestock, livestock products, or other agricultural products including personal care

products that are intended to be sold, labeled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))” must be certified according to the provisions of subpart E of this part and must meet all other applicable requirements of this part.

3. §205.102 Use of the term “organic.”

Any agricultural product, including personal care products, that is sold, labeled or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))must be: * * *

4. §205.300 Use of the term, “organic.”

(a) The term, “organic” may only be used on labels and in labeling of raw or processed agricultural products, including ingredients of any product, without regard to the end use of the product, that is sold, labeled or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients or food group(s))must be: * * *

5. §205.311 USDA Seal

(a) The USDA seal described in paragraphs (b) and (c) of this section may be used only for farm or processed agricultural products, including personal care products, described in paragraphs * * *

The National Organic Program (NOP) has received numerous inquiries regarding its current thinking on the issue of products that meet the NOP program standards for organic products based on content, irrespective of the end use of the product. This statement is intended to clarify the NOP’s position with respect to this issue, and will be provided to all of our accredited certifying agents.

Agricultural commodities or products that meet the NOP standards for certification under the Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501- 6522, can be certified under the NOP and be labeled as “organic” or “made with organic” pursuant to the NOP regulations, 7 C.F.R. part 205.300 et seq. To qualify for certification, the producer or handler must comply with all applicable NOP production, handling, and labeling regulations.

Operations currently certified under the NOP that produce agricultural products that meet the NOP standards to be labeled as “organic” and to carry the USDA organic seal, or which meet NOP standards to be labeled as “made with organic,” may continue to be so labeled as long as they continue to meet the NOP standards. Such certification may only be suspended or revoked after notice and opportunity for hearing.

There are agricultural products, including personal care products, that, by virtue of their organic agricultural product content, may meet the NOP standards and be labeled as “100 percent organic,” “organic” or “made with organic” pursuant to the NOP regulations. Businesses that manufacture and distribute such products may be certified under the NOP, and such products may be labeled as “100 percent organic,” “organic” or “made with organic” so long as they meet NOP requirements. Additionally, products that may be labeled “100 percent organic” or “organic” may also carry the USDA organic seal. If additional rule making is required for such products to address additional labeling issues or the use of synthetics in such products, the NOP will pursue such rule making as expeditiously as possible.

2) Cosmetics, Body Care Products, and Personal Care Products, April 2008

● FDA does not define or regulate the term “organic,” as it applies to cosmetics, body care, or personal care products.

● USDA regulates the term “organic” as it applies to agricultural products through its National Organic Program (NOP) regulation, 7 CFR Part 205.

● If a cosmetic, body care product, or personal care product contains or is made up of agricultural ingredients, and can meet the USDA/NOP organic production, handling, processing and labeling standards, it may be eligible to be certified under the NOP regulations.

● The operations which produce the organic agricultural ingredients, the handlers of these agricultural ingredients, and the manufacturer of the final product must all be certified by a USDA-accredited organic certifying agent.

● Once certified, cosmetics, personal care products, and body care products are eligible for the same 4 organic labeling categories as all other agricultural products, based on their organic content and other factors:

 “100 percent organic”–Product must contain (excluding water and salt) only organically produced ingredients. Products may display the USDA Organic Seal and must display the certifying agent’s name and address.

 “Organic”–Product must contain at least 95 percent organically produced ingredients (excluding water and salt). Remaining product ingredients must consist of nonagricultural substances approved on the National List or nonorganically produced agricultural products that are not commercially available in organic form, also on the National List. Products may display the USDA Organic Seal and must display the certifying agent’s name and address.

“Made with organic ingredients”– Products contain at least 70 percent organic ingredients and product label can list up to three of the organic ingredients or “food” groups on the principal display panel. For example, body lotion made with at least 70 percent organic ingredients (excluding water and salt) and only organic herbs may be labeled either “body lotion made with organic lavender, rosemary, and chamomile,” or “body lotion made with organic herbs.” Products may not display the USDA Organic Seal and must display the certifying agent’s name and address.

Less than 70 percent organic ingredients–Products cannot use the term “organic” anywhere on the principal display panel. However, they may identify the specific ingredients that are USDA-certified as being organically produced on the ingredients statement on the information panel. Products may

not display the USDA Organic Seal and may not display a certifying agent’s name and address. (Water and salt are also excluded here.)

● Any cosmetic, body care product, or personal care product that does not meet the production, handling, processing, labeling, and certification standards described above, may not state, imply, or convey in any way that the product is USDA-certified organic or meets the USDA organic standards.

● USDA has no authority over the production and labeling of cosmetics, body care products, and personal care products that are not made up of agricultural ingredients, or do not make any claims to meeting USDA organic standards.

● Cosmetics, body care products, and personal care products may be certified to other, private standards and be marketed to those private standards in the United States. These standards might include foreign organic standards, eco-labels, earth friendly, etc. USDA’s NOP does not regulate these labels at this time.

Certification and Labeling of Soap Products Made From Agricultural Ingredients

The Organic Foods Production Act of 1990 (OFPA), 7 U.S.C. Section 6501, et. seq ., as amended, and implemented in 7 CFR Part 205, National Organic Program (NOP) Final Rule, regulates the production, handling, processing, and labeling of all raw or processed agricultural products to be sold, labeled, or represented as organic in the United States. In an August 23, 2005 policy statement issued by the NOP, the Program clarified that agricultural products may be certified and labeled in accordance with the Act and its implementing regulations regardless of end use. The statement allows for certain products, such as soaps, to be certified under the NOP, providing they comply with 7 CFR 205.

This document describes the interim procedures to be used by certified operations and certifying agents accredited by the U.S. Department of Agriculture (USDA) to certify and label soap products as “organic” or “made with organic [specified ingredients]”, referred to throughout this document as “made with” products.

Soap is produced by a process called saponification, whereby oils are hydrolyzed by the addition of an alkali, yielding soap, glycerin, water and other byproducts. Glycerin is produced by this process and has been determined by the National Organic Standards Board (NOSB) to be a synthetic and appears on the National List of Allowed and Prohibited Substances as such. (Insecticidal soaps are permitted under 205.601 for crop production.)

The NOP has been asked to provide guidance on the labeling of soap that has been formulated and produced in accordance with the NOP regulations.

Some in the industry have expressed concern that allowing certification and labeling of soap as organic is a violation of OFPA. We disagree. The processing of agricultural products in accordance with NOP regulations often results in chemical or physical changes, many of which may involve the synthesis of new compounds. For example, the processes of baking bread or cooking meat create changes in the products that may involve the creation of new compounds. However, neither of these common products are viewed as synthetic under the regulations. Our interest is to create a consistent, fair policy that can be applied uniformly in a variety of situations. Therefore, we base our analysis of the process on the NOP regulations. The NOP regulations describe the inputs and processing which take place in the formulation and

manufacturing of a finished product; they do not prescribe the nature of the finished product itself. This allows agricultural products and allowed synthetics to be used to create a wide variety of products which may be eligible for certification, regardless of end use. Further, identification of products produced in compliance with the NOP regulations, and the percentage of organic products that they contain, allows for subsequent formulation into products which retain their eligibility for labeling as organic or “made with” organic products, depending upon the percentage of organic ingredients used to create the product. This allows producers to retain the added value of organic products throughout the production process and provides consumers with a choice when searching for products that contain organically produced ingredients.

In general, products that have been formulated in compliance with the NOP regulations may be eligible for certification as “organic” or “made with” products. Further, products produced in compliance with the regulations should be eligible for further processing and certification based on their true organic component content. Thus, a formulated product produced using 75% organic ingredients and 25% allowed synthetics is eligible for certification as a “made with” product. In addition, the “made with” products should carry a certified organic content of 75% when used in subsequent down-stream processing, under the condition that full disclosure of its organic content and other ingredients is provided by the manufacture. If a soap is produced using 80% certified organic oil and 20% sodium hydroxide, the soap would be eligible for certification as a soap “made with organic oils.” Further, the soap “made with organic oils” may be processed downstream into other products using 80% as the organic content for those calculations.

Labeling of these products should be consistent with labeling done for any other certified organic processed product, with full disclosure of the ingredients in the ingredient statement on the information panel. This should include all certified organic ingredients and any synthetics used to produce the product. Although Food and Drug Administration (FDA) regulations allow downstream processors to list “saponified organic oils” in the ingredient statement, FDA does not prohibit full disclosure of the organic and synthetic ingredients, consistent with NOP regulations. Therefore, ingredient statements for products containing saponified oils must include the name of the actual organic ingredient and the synthetic ingredients used to create the soap. If the saponified oils are produced as a part of a separate process, they may be listed as a parenthetical statement, such as “saponified organic oils (organic coconut oil, potassium hydroxide), water, glycerin, beet juice color.”

Guidance: Soap products formulated using certified organic oils and materials included on the National List may be certified and labeled as “organic” or “made with organic [specified ingredients].” Further, when manufacturers of saponified organic oils produce such products in compliance with the regulations and provide certified formulations to downstream processors, they may be further processed into “organic” or “made with” products.

When saponified oils are produced by a certified organic handler and are to be sold as “made with organic oils” for further processing into certified “organic” or “made with” products, they must be accompanied by a complete ingredient statement which gives the actual percentage of the organic ingredients contained in the “made with” product. When labeling products produced with saponified oil, the ingredient statement of the further processed product must include the ingredients used to produce the saponified oil. As an option, the saponified organic oil may be stated on the ingredient statement followed by a parenthetical statement. Listing the saponified oils without listing the ingredients used to produce the saponified oils is not sufficient.

Procedures: As always, certifiers must review and approve all organic handling plans for products produced with saponified oils, including the ingredient statements for the saponified oils themselves, prior to issuing certification for handling operations producing these products. Producers of saponified oils to be further processed into other personal care products must provide statements of the type and percent of all ingredients used to produce the saponified oils so that this information may be included in the ingredient statement of the finished product. All labels for certified organic soaps and products containing saponified oils must be reviewed and approved by the certifying agent prior to printing and labeling.

This is what they, dont want YOU to know!

~ Joseph Kellner

Workers have a right to a safe workplace. The law requires employers to provide their employees with working conditions that are free of known dangers. OSHA provides information, training, and assistance to workers and employers. Be aware that in our industry manufacturers are deceptive. They want you to buy their products, and will customize class’s in order for you to be presented with their latest and greatest lotions, powders, soaps etc.  I was talking with a very very bright gentleman of the next film “Beautiful LieS”. He said a statement that really hit home to me. When a professional buys a ticket to a hair show such as “Premier, NAHA, Cosmoprof, etc” why should they buy the products there, if they can find the products in a commercial outlet. The major manufacturers have given up on LOYALTY TOO YOU and SELLING EXCLUSIVE products to the business professional in our industry. I would not even give a current hair show the time of day. I can see their products in a store. I thought our products supposed are supposed to be exclusive, and only sold in salons. Come on! And do you really know what ARE the ingredients you are using in your salon products? And most of you products you use in the salon for Hair coloring, Keratin treatments, Permanent waves can be purchased by the consumer. Where did our exclusive go???? The MAJOR manufacturers have sold us out. In this months edition of Brokenchair.com 90% of the products advertised in this magazine are found in the commercial sector or on the internet. Available to the consumer at their finger tips. Basically its the magazine of the “Brainwashed’. And the topics of literature in the magazine are the same ol, same ol! Be responsible everyone, and be the change The Real Beauty Industry needs. Change in this industry has to come from you! Then others will see you as a role model and you will set the standard for others.

Walk the Walk everyone!

Take back your industry!

You will see the latest in industry magazines everyone,”How To” of the layered haircut with a Ombre color or join Farouk’s Dream Team, Learn client consultation. But not touching on the politics of a industry broken by Major Manufacturers. 

They dont want you to know, what they know, that you dont need to know. See this is what they want you to know, “Keep the Young Dumb, and don’t worry were looking out for you”. “We are your legal representative of the Beauty Industry as the PBA.ORG would say, REALLY?”  Take it upon yourself to know your products, and all the ingredients in the products. Your customers health and yours is very important. And I would not like to see anyone gain an illness because the greed of a manufacturer cannot be controled. If you work in a salon go to the owner and ask for the MSDS sheets of the products you use for your salon services. Know what you are using. Its your body. And you get only one go around in this lifetime! You are all very, very special people. And you cannot be replaced.

OSHA will continue to conduct inspections in response to complaints and/or referrals. Workers may file a complaint to have OSHA inspect their workplace if they believe that their 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 out 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. 

OSHA can help answer questions or concerns from employers and workers. Contact your local OSHA office if you have any questions about a product that you are using or its material safety data sheet (MSDS). To reach your regional or area OSHA office, go to OSHA’s Regional & Area Offices web page. 

Hair salon owners and beauty schools can contact OSHA’s free and confidential on-site consultation service to help determine if there are hazards at their salon and work with OSHA on correcting any identified hazards. On-site consultations services are separate from enforcement activities and do not result in penalties or citations. To contact OSHA’s free consultation service, go to OSHA’s On-Site Consultationweb page or call 1-800-321-OSHA (6742) and press number 4. 

Salon owners and workers can also request the National Institute for Occupational Safety and Health, at no cost, to help identify and correct any health hazard in the workplace through its Health Hazard Evaluation Program. Contact NIOSH at 1-800-CDC-INFO [1-800-232-4636].

Salon Employment Structure Is In Default

~ Joseph Kellner

In this day and time going to Cosmetology school is not very cheap. You are looking at a minimum cost of $14.000 – $19.000 for tuition and thats not all the costs. A student leaves the school and wants reliable employment! Simple college students come from a four year school and leave on their own to get employment. Today a college graduate will get entry positions in his/her profession offering, insurance, weekly pay, 401k, paid holiday, etc. But the picture for the graduating Cosmetology student is not brighter than it was forty years ago.

A salon owner will open the store, add employee’s, and offer the products, chair, all you need to be a hairdresser in there salon. And might I also add you will be given a schedule, and no hourly pay, not insurance, no paid holiday, NO 401K, NOTHING ONLY A CHECK. And that’s is if you get that at all.

Individuals say to me, ” I am a salon owner, it costs a lot to run a business”! I normally reply,” I didn’t tell you to open it”

Dont fall prey to the normal offerings you get when seeking employment, look for wages, benefits, this is a time when in the next Fifty years a lot of individuals will not stay in the profession because it is an unrealistic profession, pertaining to the subjects of wages, and benefits. If I went to school today and was offered 50% commission , after the fact I just spent close to $14.000 dollars I would have another look at a more stable profession. This is the year 2009, going onto 2010 and the commission structure is way out-of-place in this time period. Students cannot get a decent entry-level position in this industry and be able to afford there BILLS. How can you go to work everyday and worry about your rent, and basic needs. If the salon owner is not giving you a wage consistent to the economics of this time we are in. Then you are throwing your money away. There needs to be a change not a verbal response to cool the present misdeeds, but a nationwide charge to accept this ever growing cancer.

There is too much supply than demand in my industry, and thoughtful consideration to all salon owners in the profession are not all alike. There are some really good business minded owners, and a lot I truly respect. And then the chain salons ruin the atmosphere for the small business owner. There are so may storys I have received from ex-employes of the REGIS corporation that would make your blood curl. These large conglomerates make millions of dollars every year and cannot offer there employees decent pay, or benefits. And the turn over is so great. They will say in their employment packages that they offer this and that but don’t be fooled by their LINGO”. If you are getting out of the Cosmetology school and have a wonderful education stay away from these corporations for employment.

So you sit there waiting on a client, and lets say your schedule is from 10am-5pm and not a person has walked through the door. You have spent a whole day in the salon without pay, being given commission, and not making any profits for the day. And can I also add in you folded towels, swept the floor, answered the phone, etc for the salon also. So if the salon owner hires you he or she should have the business to give to you. Not everyone wants to hear, “Well Juli it was a slow day, here take some cards and pass them out”. Or I love this one,”You gotta pay your dues Juli”.

If a salon owner hires you they should hire you to build you up, not to have you here to cover hours, or wait until a (WALK-IN) comes through the door. This problem did’nt expose itself like a Florida sunrise. The salon professional is still languished in the poverty of prior decades of ill management. And bad business practices. But believe me the bank of justice is not bankrupt anymore. There needs to be a justice for the professional, and not words of, WORDS DON’T PAY THERE BILLS!

I never hired anyone unless I had the business to take them on, and I expected a commitment from them also, I started them out part-time. and also set up product knowledge class’s for them. Photoshoots were next on the list, and I also showed them how to set up a website, and teach them about internet marketing. I have a dress code I pay for the first four uniforms. I send them to schools, I pay for the school, they pay for plane and hotel. I send them away twice a year. Not to a class. But to 5 day class’s. Also two weeks paid vacation. And I also give them clients. But they also have to help themselves.

I run a business, and I have certain requirements. Just Like other corporations. But you have to find the right person to take and bring into the salon. Some salon owners will hire anyone just to have coverage of hours. And a lot of really great young stylists I have seen I have turned away because I did’nt have the business for them. I WASN’T GOING TO USE THEM.

These are human beings, young minded professionals and one bad turn from a salon owner or a corporation can leave a mark on these people. I consider myself fair when adding on an employee, and offer them benefits, education and most off all I TEACH THEM TO STAND ON THERE OWN TWO FEET”. To be self-sufficient and keep the passion of the craft. I suggest Unionization for our industry. To look out for the employee, salon owner to offer more just compensation for both sides of the record. Salon owners these days also have to deal with non-committal from there employee’s, lack of professionalism. Lack of want.

A more structured industry will also cleanse the have’s and the (INNER CIRCLE) that plagues the industry. The manufacturers will not longer be in a decisive mode to oppress the profession. But to give to the true professionals in my industry the right and the equal cause to be more assertive and produce, and to grow. Isn’t this also in the constitution. Thats is why I feel the industry professionals, wether it be employee, or business owner there needs to be some form of representation.
In a legal manner. And when these words are spoken and also written It makes the INNER CIRCLE, laugh, to see a speck in the glass all to easily to wipe away. But this speck cannot be wiped away because it is a ongoing problem. That is manifested its roots every so deeply in my profession.

See I am for both sides, the employee and the salon owner and there must be a common place for both entity’s. Only to give a more balance in our lovely profession. Professionals in my industry want to have some form of balance, commitment from the salon owner, and likewise for the salon owner also. But there must be some form of give and take on both sides of the fence. This profession will not make it for another hundred years with this unbalance, injustice, and FREE LABOR.

Joseph Kellner