California’s Assembly Bill 504 (AB-504) brings renewed attention to the ongoing debate about worker classification. Introduced by assembly member Ta and coauthored by assembly member Alexandra Macedo, the bill seeks to amend Section 2778 of the Labor Code, offering a significant amendment to the state’s “ABC test” and giving licensed manicurists the choice to work as independent contractors.
California’s Assembly Bill 504 (AB-504) brings renewed attention to the ongoing debate about worker classification. Introduced by assembly member Ta and coauthored by assembly member Alexandra Macedo, the bill seeks to amend Section 2778 of the Labor Code, offering a significant amendment to the state’s “ABC test” and giving licensed manicurists the choice to work as independent contractors.
The Issue at Hand
Under current California law, the ABC test governs the classification of workers as independent contractors or employees. This test places the burden on hiring entities to prove that a worker meets three specific criteria to be classified as an independent contractor:
- The worker is free from control and direction by the hiring entity.
- The worker’s tasks fall outside the hiring entity’s usual course of business.
- The worker is engaged in an independently established trade, occupation, or business.
While this test aims to protect workers’ rights and ensure fair labor conditions, it has unintentionally disrupted the livelihoods of licensed manicurists in the state. Existing exceptions under Labor Code 2778 have granted other professionals the ability to work as independent contractors, but manicurists, despite having Bureau of Barbering and Cosmetology (BBC) licenses just like their peers in the beauty industry, are excluded.
Ta said in a statement, "Other license types issued by the Board of Barbering and Cosmetology allow licensees to be classified as independent contractors. When exemptions were being negotiated, manicurists—most of whom are Vietnamese women—were singled out for disparate treatment. This bill seeks to correct that injustice and provide equality under California law."
For manicurists, this poses a critical challenge. Without the flexibility to work independently, many lose control over when, where, and how they work—a key factor in their ability to earn a living and maintain a work-life balance.
What AB-504 Proposes
Assembly Bill 504 specifically addresses this imbalance by amending Labor Code 2778 to include licensed manicurists in the list of professions exempt from the ABC test. If passed, this bill would restore their right to work as independent contractors, allowing them greater autonomy in their careers while reducing the regulatory hurdles faced by hiring entities within the industry.
What’s Next for AB-504
For now, AB-504 awaits further decisions in the state legislature, but for California’s 100,000+ licensed manicurists, its future represents far more than a legal technicality—it’s about reclaiming the professional autonomy they’ve long fought for.
Stay tuned for updates on AB-504 as it progresses.
