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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I own a hair salon where I rent space to stylists. Two weeks

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I own a hair salon where I rent space to stylists. Two weeks ago State Board of CA came in and cited some of them. As an owner of the establishment I was cited too because they weren't in compliance with State Board rules and regulations. State Board listed all the license numbers of stylists whom got the fine. Can I charge them the fines? They signed a contract which contains this paragraph about State Board.

1. Compliance with State Board of Cosmetology Rules and Regulations. Contractor shall be solely responsible for compliance with all rules and regulations of the State Board of Cosmetology, including but not limited to, posting a current license, providing and maintaining his/her own Barbicide products, etc.
Unfortunately, as a salon owner you have a separate responsibility under the law to ensure that the sylists that work in your salon are compliant with State Board rules and regulations, so, unfortunately, you would be solely liable for the fines that you received due to their failure to comply with State Board rules and regulations.

You could still charge them the fines, but if there were a legal dispute over the fines, the stylists would not be held liable for paying the fines that you were charged.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 4 years ago.

Thank you for your reply. What is the support for your position?

It's a general principal of tort and liability law.

Just like any business, you have a duty of care that you must exercise toward your clients. If you own a salon, you are responsible for ensuring that your stylists are in accord with state board rules and regulations, since you are holding your salon out as a licensed salon to customers.

If you fail to ensure that the stylists are in accord with state board rules and regulations and you are fined, you are being fined for failing to exercise due care toward customers in ensuring the stylists are in accord with the rules and regulations, as they are being separately fined for their own failures.

Unfortunately, you cannot indemnify yourself by having the stylists assume all liability in this case, just as any employer cannot require that their employees or independent contractors state that they would be solely liable for any violations that they commit.

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