Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H376 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 635       FILED ON: 1/15/2023
HOUSE . . . . . . . . . . . . . . . No. 376
The Commonwealth of Massachusetts
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PRESENTED BY:
Tram T. Nguyen
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing a manicurist industry minimum standards advisory board.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/14/2023 1 of 3
HOUSE DOCKET, NO. 635       FILED ON: 1/15/2023
HOUSE . . . . . . . . . . . . . . . No. 376
By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 376) of 
Tram T. Nguyen relative to establishing a manicurist industry minimum standards advisory 
board. Consumer Protection and Professional Licensure.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act establishing a manicurist industry minimum standards advisory board.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. There shall be a Manicurist Industry Minimum Standards Advisory Board 
2to study and make recommendations to the senate and house of representatives, the division of 
3occupational licensure, and the executive office of labor and workforce development regarding 
4establishing industry-wide minimum standards on wages, benefits, working hours, training, and 
5working conditions affecting the health, safety, and employment of workers in nail salons, also 
6known as Manicurist salons as defined in G.L. Ch. 112, Section 87T.
7 SECTION 2. The advisory board shall consist of fifteen members: 
8 3 persons who shall serve in an ex officio capacity, 1 of whom is the secretary of the 
9executive office of workforce and development, or their designee, and who shall serve as chair, 1 
10person of whom is the commissioner of the division of occupational licensure, or their designee, 
11and 1 person of whom is the executive director of the Vietnamese American Initiative for 
12Development, or their designee.  2 of 3
13 5 persons to be appointed by the governor, 1 person of whom shall be an expert in 
14occupational safety and health, 1 person of whom shall be an expert in economic development 
15strategies for under-resourced businesses or small business support development, and 3 of whom 
16are owners of licensed shops as defined in G.L. Ch. 112, Section 87AA and none of whom was 
17cited for violation of state or federal wage and hour laws in the 2 years prior to appointment, of 
18which 1 of whom must be certified as a disadvantaged business enterprise at the time of 
19appointment and 1 of whom employs 5 or fewer employees within the commonwealth, 1 of 
20whom employs 25 or fewer employees, and 1 of whom employs fewer than 150 employees 
21within the commonwealth; 
22 7 persons to be appointed by the attorney general, 1 of whom is an expert in economic 
23research in the manicurist industry or similar low-wage service industry, 1 of whom with a 
24background in representing or organizing workers in workforce development, labor relations and 
25rights, or a community support organization serving low-wage workers in the manicurist 
26industry, 1 of whom with a background in training or supporting the workforce development of 
27manicurists, 1 person of whom shall be an expert in women-owned, minority businesses, and 3 
28of whom are employed and licensed as manicurists at the time of their appointment and reflect 
29the demographic and geographic background of manicurist workers in the commonwealth, and 
30who have at least 2 years of relevant experience, provided, however, that no more than 2 are 
31employed or living in the city of Boston at the time of their appointment.
32 SECTION 3. The board shall monitor, recommend, give testimony, and report on 
33assessment of fair living wages and gratuities, benefits, training, and improvement of workplace 
34conditions and safety in the Manicurist industry, except for the adjudication of particular claims 
35or complaints. Its powers include the issuance of reports, recommendations for legislation and  3 of 3
36policies, regulations, and programs, the conducting of research, and the collecting of data from 
37public and private sources. 
38 Initial recommendations to the senate and house of representatives, the division of 
39occupational licensure, and the executive office of labor and workforce development shall be 
40submitted by the board to the clerk of the senate and the clerk of the house not more than 
41eighteen months from the effective date of this act. 
42 SECTION 4. Appointed members of the board shall serve for terms of 2 years and may 
43be reappointed to one additional term. Members of the board shall serve without compensation 
44but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of 
45their official duties. Members of the board shall not be state employees under chapter 268A by 
46virtue of their service on the board. To take action at a meeting, a majority of the members of the 
47board present and voting shall constitute a quorum. The chair shall not vote on matters unless in 
48the case of tie among voting members. 
49 SECTION 5. The chair shall appoint subcommittees in order to expedite the work of the 
50board; provided, however, that the chair shall appoint: (i) a subcommittee on health and safety to 
51develop recommendations on workplace safety, anti-hate initiatives, access to protective 
52equipment, and training, (ii) a subcommittee on the nail industry workforce to develop 
53recommendations on fair wages, minimum pricing, and sustainability in the industry and (iii) a 
54subcommittee on the nail salon industry to develop recommendations on promoting women and 
55minority-owned businesses.