Recruitment and Hiring

This section covers lawful recruiting and hiring practices for our California cosmetology business. All positions are hourly/non-exempt. Managers involved in interviewing, hiring, or onboarding must read and follow this section before participating in any part of the hiring process.

Table of Contents

1. Writing the Job Description
2. Lawful Interview Questions
3. The Fair Chance Act (Ban-the-Box)
4. Salary History Ban (AB 168)
5. Making the Offer
6. Form I-9 Compliance
7. CA-Specific Hiring Requirements
8. New-Hire Onboarding Checklist

Writing the Job Description

Every open position must have a written job description reviewed and approved by the owner or manager before the role is posted. A compliant job description protects the business, sets clear expectations, and establishes the legal foundation for ADA reasonable accommodation analysis.

Required Elements

• Job title and department (e.g., Licensed Cosmetologist, Esthetician, Nail Technician, Receptionist)
• FLSA/CA classification - all positions are hourly/non-exempt
• Pay range - California law (SB 1162, effective January 1, 2023) requires employers with 15 or more employees to include the pay scale in job postings. Because we have approximately 20 employees, we must include the hourly pay range on every external job posting.
• Summary of the role - a brief paragraph describing the purpose of the position
• Essential functions - a bulleted list of the core duties the employee must be able to perform, with or without reasonable accommodation (required under the ADA and California FEHA)
• Non-essential/marginal functions - duties that are incidental or could be reassigned without fundamentally altering the job
• License and certification requirements
• Physical requirements and working conditions
• Supervisory relationships

Essential Functions - Why They Matter

The Americans with Disabilities Act (ADA) and California FEHA require employers to engage in a good-faith interactive process when an employee or applicant has a disability. The determination of whether a duty is "essential" drives that analysis. Document essential functions carefully. Courts and the CRD look at:

• Whether the position exists to perform that function
• The number of other employees available to perform the function
• The degree of expertise or skill required to perform the function

Sample Essential Functions for Licensed Cosmetology Roles

The following physical requirements are typical for licensed cosmetology, esthetician, and nail technician positions and must appear in the job description:

• Standing and walking - must be able to stand and walk for the majority of a shift (typically 6–8 hours) with limited opportunity to sit
• Manual dexterity - must be able to perform precision hand and finger movements for cutting, styling, coloring, nail services, waxing, or skin-care treatments
• Repetitive motions - must be able to perform repetitive hand, wrist, and arm motions throughout a shift (combing, brushing, scissor use, massage strokes, filing)
• Lifting and carrying - must be able to lift and carry up to 25 pounds (product supply boxes, equipment cases)
• Reaching - must be able to reach overhead and below waist level
• Chemical exposure - must be able to work in an environment where professional-grade chemicals are in regular use (hair color, developer, relaxers, acetone, disinfectants); must tolerate airborne exposure to these substances within OSHA-permissible limits
• Vision - must have sufficient close vision and color distinction to perform hair coloring, skin analysis, or nail art
• Communication - must be able to communicate clearly with clients and team members in person

License Requirements - California Board of Barbering and Cosmetology

All client-service positions require a current, valid California license issued by the California Board of Barbering and Cosmetology (BBC). The applicable license type must be stated in the job description. Do not hire anyone into a licensed role who does not hold a valid BBC license; performing cosmetology services without a license is a violation of California Business and Professions Code § 7317 and exposes the business to disciplinary action.

License verification procedure:

• Require a copy of the license or apprentice permit before the first day of work
• Verify the license is current and in good standing at https://www.barbercosmo.ca.gov (license lookup is free and public)
• Record the license number, expiration date, and date of verification in the employee file
• Set a calendar reminder 60 days before license expiration to prompt the employee to renew
• Do not allow an employee to provide client services if their license expires; place them on non-client-service duties or unpaid leave until renewal is confirmed

Lawful Interview Questions

California law - primarily the Fair Employment and Housing Act (FEHA), Government Code § 12900 et seq. - prohibits discrimination in all aspects of employment, including interviewing and hiring, based on a broad set of protected characteristics. California's protections are significantly broader than federal law.

FEHA Protected Categories

The following are protected categories under California FEHA. Interviewers must not ask questions that directly or indirectly solicit information about any of these characteristics:

• Race, color, national origin, ancestry
• Sex, gender, gender identity, gender expression
• Sexual orientation
• Religion (including religious dress and grooming practices)
• Disability (physical or mental), medical condition
• Genetic information
• Marital status
• Age (40 and over)
• Pregnancy, childbirth, breastfeeding, and related medical conditions
• Military or veteran status
• Political affiliation or activities (under Labor Code § 1101–1102)

What You CAN Ask

Focus every interview question on job-related qualifications, skills, and experience. The following are lawful:

Qualifications and experience

• Tell me about your cosmetology (or esthetician/nail tech) background and experience.
• What types of services are you most skilled in? Where do you feel you need more practice?
• Describe a challenging client situation and how you handled it.
• What cosmetology products and techniques are you most familiar with?
• Do you currently hold a valid California cosmetology/esthetician/manicurist license? (You may ask about the license; you may not ask about disability or health conditions that might affect the license.)
• Are you able to perform the essential functions of this role, as listed in the job description, with or without reasonable accommodation? (This phrasing is lawful; asking about the disability itself is not.)
• This role requires standing for most of the shift and working with chemical products. Are you able to meet these requirements with or without reasonable accommodation?

Availability and scheduling

• What days and hours are you available to work?
• This role requires [specific schedule]. Are you able to work that schedule?
• Are you available to work weekends and holidays as scheduled?

Work authorization

• Are you legally authorized to work in the United States? (You may ask this; you may not ask about citizenship status, visa type, or country of origin.)

References and background

• May we contact your previous employers for references?
• (After a conditional offer only - see Fair Chance Act section below) - Have you been convicted of a crime?

What You CANNOT Ask

The following questions are unlawful or carry significant legal risk in California. Do not ask them at any stage of the interview process:

Disability, medical condition, and physical/mental health

• Do you have any disabilities or health conditions?
• Have you ever filed a workers' compensation claim?
• How many sick days did you use last year?
• Do you take any medications?
• Are you in good health?
• Have you ever been treated for a mental illness?

Pregnancy and family status

• Are you pregnant or planning to become pregnant?
• Do you have children or plan to have children?
• What are your childcare arrangements?
• Are you married or planning to get married?
• What is your marital status?
• What does your spouse/partner do?

Age

• How old are you?
• What year were you born?
• When did you graduate from high school?
• Are you close to retirement?

Religion

• What religion do you practice?
• What church/mosque/synagogue/temple do you attend?
• What religious holidays do you observe?
• Note: You MAY describe the work schedule and ask whether the applicant can meet scheduling requirements.

National origin, ancestry, and citizenship

• Where were you born?
• Where are your parents from?
• Are you a U.S. citizen?
• What is your native language?
• Note: You MAY ask if the applicant is legally authorized to work in the U.S. You MAY ask about language proficiency if job-relevant (e.g., ability to communicate with clients).

Race and physical characteristics

• Never ask about race, skin color, or physical appearance in any manner tied to a protected category.

Sexual orientation and gender identity

• Do not ask any questions intended to determine or probe a person's sexual orientation or gender identity.

Financial and credit history

• What is your credit score?
• Do you have any debt or financial problems?
• Note: California generally restricts credit checks in hiring. Do not conduct a credit check without specific legal justification.

Genetic information

• Do you have a family history of illness?
• Have you been tested for any genetic conditions?

Interview Best Practices

• Use a standardized interview scorecard for every candidate for the same position. Ask the same core questions of all candidates.
• Take notes focused on job-related responses, not personal observations about appearance, family, or background.
• Have at least two interviewers when possible to reduce individual bias and provide corroboration.
• If an applicant voluntarily discloses protected information (e.g., mentions a pregnancy), do not follow up with further questions on the topic. Redirect to job-related questions.
• Store all interview notes and scorecards in the applicant file for a minimum of two years.

The Fair Chance Act (Ban-the-Box)

California's Fair Chance Act (AB 1008, Labor Code § 432.7 and § 432.9) restricts when and how an employer may inquire into an applicant's criminal history.

Key Rules

• Do not ask about criminal history on the job application. Remove any checkbox or field asking about prior convictions from all application forms.
• Do not ask about criminal history during the interview until a conditional offer of employment has been extended.
• Only after a conditional offer has been made may you inquire about criminal convictions.
• You may never ask about arrests that did not result in a conviction, sealed or expunged records, juvenile adjudications, or convictions for which the applicant has received a pardon.

Individualized Assessment Required

If a background check reveals a criminal conviction and you are considering withdrawing the conditional offer, California law requires you to conduct an individualized assessment before taking adverse action. The assessment must consider:

1. The nature and gravity of the offense or conduct
2. The time that has passed since the offense, conduct, or completion of the sentence
3. The nature of the job held or sought

You must provide the applicant with written notice of your preliminary decision, a copy of the conviction history report, and a copy of your individualized assessment. The applicant must be given at least five business days to respond before a final decision is made.

Positions Requiring Special Consideration

Some positions may involve services to vulnerable populations or access to client personal property. Document your individualized assessment thoroughly in these cases. However, blanket exclusion policies based on criminal history are unlawful.

Salary History Ban (AB 168)

California Labor Code § 432.3 prohibits employers from:

• Asking applicants about their current or prior salary, wages, benefits, or other compensation
• Using prior salary history as a factor in determining whether to offer employment or what salary to offer
• Seeking salary history information from any source (e.g., prior employer, background check)

What You Must Do

• Do not ask "What are you currently making?" or "What was your salary at your last job?" at any stage of the process.
• Do not ask recruiters or staffing agencies to gather salary history on your behalf.
• If an applicant voluntarily and without prompting discloses their current or prior salary, you may consider that information - but you are not required to, and relying on salary history to justify a lower wage offer can still create legal exposure under the Equal Pay Act.
• You must provide the pay scale for the position if an applicant requests it. Because we have 15 or more employees, this pay scale must already appear in all job postings (SB 1162).

Making the Offer

Verbal and Written Offers

• Extend a verbal offer and confirm acceptance before issuing a written offer letter.
• Do not make promises in the offer letter that create an implied contract (e.g., "permanent position," "guaranteed employment"). Use at-will language.
• Include in the offer letter:
  • Position title
  • Start date
  • Hourly rate
  • Scheduled hours/shift (if known)
  • Classification (hourly/non-exempt)
  • At-will statement
  • Contingencies (e.g., background check, license verification, I-9 completion)

Offer Letter At-Will Language

Include the following or substantially similar language in every offer letter:

"Your employment with Amenities Day Spa And Salon is at-will, meaning either you or the Company may terminate the employment relationship at any time, with or without cause, and with or without advance notice. Nothing in this letter or in any other communication from the Company creates a contract of employment for a specific term or alters the at-will nature of your employment."

Form I-9 Compliance

Every employer in the United States is required by federal law (Immigration Reform and Control Act of 1986) to verify the identity and employment authorization of every new hire, regardless of citizenship status, using Form I-9.

Timing

• The employee must complete Section 1 of Form I-9 no later than the first day of employment (the first day they are paid to work).
• The employer must complete Section 2 within 3 business days of the employee's first day of employment.
  • Example: If an employee starts on a Monday, Section 2 must be completed no later than Thursday.
  • If the employee is hired for 3 days or less, Section 2 must be completed on or before the first day.

Document Inspection Requirements

• Physically examine (or remotely examine under authorized remote procedures) original documents - do not accept photocopies.
• The employee chooses which acceptable document(s) to present. You may not specify which documents to bring or reject documents that appear genuine on their face.
• Acceptable documents fall into three lists:
  • List A - Documents that establish both identity and work authorization (e.g., U.S. Passport, Permanent Resident Card, Employment Authorization Document)
  • List B - Documents that establish identity only (e.g., state driver's license, state ID card)
  • List C - Documents that establish work authorization only (e.g., Social Security card, birth certificate)
• The employee must present either one List A document OR one List B document plus one List C document.
• Record the document title, issuing authority, document number, and expiration date in Section 2.

Prohibited Conduct

• Do not request more or different documents than required.
• Do not reject documents that reasonably appear genuine and relate to the employee.
• Do not ask about immigration status, citizenship, or visa type during the I-9 process (or at any other time during hiring).
• Do not treat applicants differently based on their national origin, citizenship status, or the documents they choose to present. This is a violation of the Immigration and Nationality Act's anti-discrimination provisions.

Retention Rules

You must retain Form I-9 for every current employee and every former employee. The retention period is the later of:

• 3 years from the date of hire, OR
• 1 year after the date employment ends

Example calculation:

• Employee hired January 1, 2023; terminated March 1, 2024

  • 3 years from hire = January 1, 2026
  • 1 year after termination = March 1, 2025
  • Retain until January 1, 2026 (the later date)

• Employee hired January 1, 2020; terminated June 1, 2024

  • 3 years from hire = January 1, 2023
  • 1 year after termination = June 1, 2025
  • Retain until June 1, 2025 (the later date)

Storage

• Store I-9 forms separately from the general personnel file. In the event of an ICE inspection, you must be able to produce I-9 forms within 3 business days without providing access to the full personnel file.
• I-9 forms may be stored on paper or in an approved electronic system.

Purging Procedures

When an I-9 form reaches the end of its required retention period:

1. Calculate the retention date using the formula above. Maintain a retention log or spreadsheet with the retention deadline for every employee (current and former).
2. On or after the retention deadline, retrieve and shred the physical I-9 (or delete the electronic record, depending on your storage method).
3. Note the purge date in the retention log.
4. Do not purge any I-9 form that is the subject of a government audit, litigation hold, or active investigation.

Reverification

For employees with temporary work authorization (Employment Authorization Documents or other List A/C documents with expiration dates):

• Note the document expiration date in Section 2 (or Section B of the supplement).
• Set a calendar reminder 90 days before expiration.
• Complete Section B (Reverification) of the I-9 Supplement before the employee's work authorization expires.
• Do not reverify U.S. Passports, Permanent Resident Cards, or List B identity documents - reverification applies only to work authorization that expires.

E-Verify

E-Verify is a voluntary federal web-based system that compares I-9 information against federal databases. At our current size (approximately 20 employees) and in our industry, E-Verify is not federally mandated. However:

• Federal contractors with qualifying contracts may be required to use E-Verify.
• Some California government contracts may impose E-Verify requirements.
• If we choose to use E-Verify, we must use it consistently for all new hires and may not use it selectively.
• Using E-Verify does not replace the I-9 requirement; both must be completed.

Consult legal counsel before enrolling in E-Verify.

I-9 Audit Readiness Checklist

• I-9 forms stored separately from personnel files
• Retention log current and includes termination dates and calculated purge dates
• Completed within 3 business days of each hire's start date
• No expired work authorization on file for any active employee (or reverification completed)
• Forms available for production within 3 business days of an ICE inspection notice

CA-Specific Hiring Requirements

California imposes a number of notice and document requirements that must be completed at or before the time of hire. Failure to comply exposes the business to penalties and wage claims.

1. Wage Theft Prevention Act Notice (Labor Code § 2810.5)

Every non-exempt employee must receive a written notice at the time of hire (and within 7 calendar days of any change to the information in the notice). The notice must include:

• Rate(s) of pay and the basis (hourly, by shift, piece rate, etc.)
• Allowances claimed, if any (tip credits - note: California does not allow tip credits, so this will generally state "none")
• Regular payday
• The employer's name, including any DBAs
• The employer's principal address and mailing address
• The employer's telephone number
• The name, address, and telephone number of the employer's workers' compensation insurance carrier
• That employees may accrue and use paid sick leave, are protected from retaliation for using paid sick leave, and have the right to file complaints for violations

The California Labor Commissioner provides a template (DLSE Form 2810.5) in English and multiple languages, available at https://www.dir.ca.gov. Use the official template.

• Provide the notice in the language the employer normally uses to communicate with the employee.
• Have the employee sign and date an acknowledgment of receipt. Retain the signed acknowledgment in the personnel file.

2. Paid Sick Leave Notice (Healthy Workplaces Healthy Families Act)

California Labor Code § 246 requires that employees be notified of their right to accrue and use paid sick leave. This is included in the DLSE Form 2810.5 notice above, but must also appear on each pay stub (or a separate document issued with each pay period) showing the amount of paid sick leave accrued. Ensure your payroll system is configured to display this on every wage statement.

3. Sexual Harassment Prevention - CRD Pamphlet

California Government Code § 12950 requires every employer to provide each employee with a copy of the Department of Fair Employment and Housing (DFEH) information sheet on sexual harassment at the time of hire. The current pamphlet is DFEH-185 (or the equivalent updated publication from the Civil Rights Department, which replaced DFEH). Download the current version at https://calcivilrights.ca.gov.

• Provide the pamphlet in English and in any other language spoken by 10 percent or more of the workforce at the worksite, if a translation is available from the Civil Rights Department.
• Have the employee sign an acknowledgment of receipt. Retain in the personnel file.

4. Workers' Compensation Notice

California Labor Code § 3550 requires employers to provide new hires with a written notice explaining workers' compensation benefits and the procedure for reporting a workplace injury. Your workers' compensation insurer typically provides this form (DWC Form 1). Provide at hire and post in the workplace.

5. Unemployment Insurance, State Disability Insurance, and Paid Family Leave Notice (DE 2515, DE 2511, DE 2530)

The California Employment Development Department (EDD) requires employers to provide new employees with:

• DE 2515 - For Your Benefit: California's Programs for the Unemployed
• DE 2511 - Disability Insurance Provisions (explains SDI)
• DE 2530 - Paid Family Leave (explains PFL benefits)

These forms are available at https://www.edd.ca.gov.

6. COBRA / Cal-COBRA Notice (if offering group health insurance)

If you offer group health insurance, provide the required COBRA/Cal-COBRA notice at time of hire.

7. Emergency Contact and Personnel Information Form

While not legally mandated, collect emergency contact information from every new hire and store it in the personnel file.

New-Hire Onboarding Checklist

Complete all items on or before the employee's first day unless otherwise noted. The hiring manager is responsible for confirming each item is complete.

Before the First Day

• Job offer letter signed and returned
• BBC license verified as current and in good standing; copy in file
• Background check completed (if applicable, after conditional offer, with individualized assessment if needed)
• Payroll system profile created
• Work schedule confirmed and communicated to employee

Day One - Documents to Complete and Provide to Employee

• Form I-9, Section 1 - employee completes on or before first day
• Form I-9, Section 2 - employer completes within 3 business days; store separately from personnel file
• Federal Form W-4 - employee completes for federal income tax withholding
• California DE 4 - employee completes for state income tax withholding
• DLSE Form 2810.5 (Wage Theft Prevention Notice) - provide, obtain signed acknowledgment
• DFEH-185 / CRD Sexual Harassment Pamphlet - provide, obtain signed acknowledgment
• Workers' compensation notice (DWC Form 1) - provide, obtain signed acknowledgment
• EDD DE 2515 (Unemployment Insurance) - provide
• EDD DE 2511 (State Disability Insurance) - provide
• EDD DE 2530 (Paid Family Leave) - provide
• Employee handbook - provide, obtain signed acknowledgment
• At-will employment acknowledgment (if separate from handbook)
• Direct deposit authorization form (if applicable)
• Emergency contact form

Within 3 Business Days

• Form I-9 Section 2 complete (if not completed on day one)
• All documents filed: licensed professional documents in personnel file; I-9 in separate I-9 binder/file

Ongoing - First 30 Days

• Confirm payroll is processing correctly (hourly rate, deductions, sick leave accrual showing on pay stub)
• Schedule any required training (sexual harassment prevention training is required for all California employees under SB 1343 - supervisors receive 2-hour training; non-supervisory employees receive 1-hour training every 2 years)
• Confirm employee is added to workers' compensation policy roster

Recordkeeping Summary

This section was last reviewed March 2026. California employment law changes frequently. Review this section at least annually and whenever a relevant law takes effect. Consult employment counsel before making changes to hiring practices or when a legal question arises.