Ignorance Is Not an Excuse

Article Published in Stylist Magazine, January 2014

Preparing for regulatory changes in the beauty industry would be so much easier if only we were all governed by the same rules and knew what to expect. If that’s our excuse for not being involved and informed, we need to get over it. Within any given state, the same rules apply to all, and even then, many licensees remain ignorant. We shouldn’t waste our time bemoaning the fact that rules vary by state (federal laws excepted) and that national licensing doesn’t exist. No matter how much we complain, the sovereignty of states to govern and protect their respective residents/consumers takes precedence in the absence of federal authority.

As salon owners and beauty professionals, we focus primarily on providing services to our clients, investing in products and continuing education to stay current. We don’t have much time or other resources to devote to governmental affairs seemingly beyond the salon. That’s unfortunate given the power of government to control how we work.

We often hear that it takes "political will" to achieve regulatory change. This common, but rather ambiguous, term has been given this “dynamic” definition in a very interesting research paper (presented to the 2008 Annual Meeting of the National Communication Association):

"Our ideal-type definition of political will requires that a sufficient set of political actors with a common understanding of a particular problem on the public agenda genuinely intends to  support a commonly perceived, potentially effective policy solution. This definition includes four  different components, which we deem necessary conditions:  

1. A sufficient set of political actors
2. With a common understanding of a particular problem on the public agenda
3. Genuinely intends to support    
4. A commonly perceived, potentially effective policy solution."
   (Post, L., Raile, A. & Raile, E., "Defining Political Will," p. 5).

If political will doesn’t seem relevant to your work, consider this. Many of the greatest challenges facing our industry are regulatory in nature: unlicensed activity, employment law, health and safety, education, etc. Can we expect legislators and bureaucrats to address problems without some guidance? How are they to know that a problem even exists? What evidence will they gather and which experts will they consult? What are the consequences, intentional or not, of the proposed solutions? When we allow changes in our industry to happen without our influence or support, it’s not likely that we’ll welcome them. Conversely, when we tolerate inequities, incompetence and obsolescence in our governance, we’ve failed ourselves as professionals.

Apathy does not solve problems; in fact, it can create even more. Not long  ago, some legislators in Indiana and Florida (among other states) wanted to deregulate the beauty industry. The potential consequences of such deregulation motivated beauty professionals and consumer advocates to lobby against this, but what would have happened had they failed to act? No matter how obvious or necessary something may seem to beauty professionals, what we consider “best practices” will not be reflected in legislation/regulation without active participation.

In past articles, I’ve been very vocal about being proactive, rather than reactive, to government, particularly at the state level. To learn more about how your state board operates, visit its website, sign up for email notifications and read the rules, meeting agendas/minutes, reports and public notices. Doing this research doesn’t cost anything (except time), but it won’t change anything either unless you use that information.

It may seem hard to believe, but an individual can influence the governing process. If you really want to make a difference, you need to be seen and heard at board meetings, and not just once. With consistent effort, your concern can evolve from a a public comment during a board meeting to a regulatory change, with the necessary steps in between. For example, I want California’s Board of Barbering and Cosmetology to enforce its laws prohibiting mobile services, or change its laws to protect consumers and establishment owners from unlicensed activity. After I made a public comment, the issue was placed on the next meeting’s agenda, prompting the board’s staff to research other state’s laws and make its own recommendations.

When issues concern me, even if they’re not directly related to my work as a manicurist and salon owner, I will freely express my opinion. For example, proposed legislation (in California’s state assembly) to authorize advanced skin care licensing does NOT have my support, as I’ve made clear in this statement to my colleagues:

As an advocate for the beauty industry, I want you to be aware of proposed bill AB 1153, introduced by Assembly Member Susan Talamantes Eggman District 13. If successful, this bill would give California’s Board of Barbering and Cosmetology the authority to license "master estheticians," requiring an additional 600 hours of "practical training and technical instruction" beyond what's currently required (1600 hours for cosmetologists, or 600 hours for estheticians).

More important, if this bill becomes law, it would redefine and expand the scope of practice of “master estheticians” to include body treatments (wraps, scrubs, etc.), currently unregulated services that your business may offer. In effect, this law would require that establishments like yours would have to use licensed "master estheticians" to provide these services.

If you’re concerned about the potential impact of this bill on your business, please contact your legislator to express your thoughts.

By Jaime Schrabeck, Ph.D.

Making Changes for a Better Future

Article Published in Stylist Magazine, December 2013

It’s likely that you’ve already read many articles about having passion for the beauty industry. This won’t be one of those articles. No amount of desire or enthusiasm can compete with the reality of actually doing something. You may want to improve your business, but what does that really mean, and are you capable of making the appropriate changes?

As the holiday season approaches, many salon owners and nail professionals convince themselves that it’s too late in the year to make any changes to their business. No matter how frustrated or desperate they may be, they worry that any change would be too disruptive, especially to their clients. Instead, they’ll continue to struggle and wait for a better time to resolve their problems. That’s ridiculous; there truly is no better time than the present. Stop worrying about everyone else and consider yourself first, not your business, but you as a person. If you’re abusing your body, that’s a problem. If you can’t pay your bills, that’s a problem. If you’re neglecting your family, that’s a problem. If you dread being at work, that’s a problem. More important, they are your problems to solve, sooner rather than later. Why wait until the new year to make resolutions when you can change now?

Change in itself won’t solve your problems unless you understand your contribution to them. Taking responsibility and owning your mistakes can very difficult when it’s so easy and very tempting to blame others. If someone were truly a victim, I could sympathize, but would still expect some decisive action. Failing to act only reinforces a sense of powerlessness. It’s in those moments that you may become a victim of your own learned helplessness. Being passive is not the way to do your best work or operate a successful business.

It’s not possible to control everything, but positive changes/improvements/progress can result if you act according to your priorities. Some specific examples come to mind when I reflect on what’s happened in my life during the last year. I entered this year planning for the possibility of one major professional change (moving my salon), but was quickly faced with the reality of an even greater change: my sister’s decision to move her family back to Clovis, three hours away. This impacted me both personally and professionally, but not in a negative way. We no longer share a household (I’ve since moved to a new residence) and she’s reverted to her “every other week” schedule at the salon. This was a big change, especially for the clients whose standing appointments had to be rearranged starting in August. To their credit, her clients were very flexible, understanding that family was her priority.

In the meanwhile, I had to consider the future of my salon business and my own priorities. Professionally speaking, working directly with clients remains my greatest source of satisfaction and income, but changes were necessary to make it more convenient and enjoyable. Confident that I’d want to provide nail services for years to come, I was willing to commit to a long-term lease (7 to 10 years). While I employed 2 other manicurists who work hard, I was no longer willing to staff a salon 6 days a week, or work more hours myself to meet the terms of a retail lease. That was neither reasonable nor necessary given the “by appointment only” nature of my business. When it became apparent that modifying my lease and the interior of my existing space wasn’t viable, the search for the ideal space intensified.

Having viewed more than a dozen options, many of which could have worked had I compromised, I discovered my current space and negotiated a ten-year lease. Needless to say, I won’t have to change salon locations for a while. Moving the salon to this larger, more accessible space required an investment of money and labor, but I purposefully avoided many of the costs associated with my previous space, such as installing flooring and painting walls. The new space already had beautiful hardwood flooring and walls painted in my color scheme. For the most part, the electrical work involved changing light bulbs to eco-friendly and cost-effective LED lighting. I did invest in new power leather recliners and the latest version of the Mitsubishi Jet Towel hand dryer, which have made the salon seem even more luxurious.

Other then a few minor hiccups, the transition to the new location has been relatively smooth. For example, a few clients have arrived late having first visited the old location. Overall, the reaction has been incredibly positive. Clients tend to be very amenable to change when it’s viewed as progress. Even the change in salon hours (from Monday thru Saturday, to Tuesday thru Friday) hasn’t been a problem because it doesn’t affect standing appointments, the core of my business. My salon business has evolved as I have, and how it currently functions has eliminated the problems I once perceived. Instead of making new year’s resolutions, I can set goals for the future based on what’s working and enjoy the benefits of changes already made.

By Jaime Schrabeck, Ph.D.

Protecting Your Salon Business

Article Published in Stylist Magazine, November 2013

If you’ve never considered how your salon would function without you, it’s about time. Could it function while you take a vacation or attend a beauty show (voluntary absence), or if you were to become ill or be assigned to jury duty (involuntary absence)? As a salon owner and service provider, I’ve considered these possibilities, not just for myself, but for my employees also. While life can be unpredictable, it’s worthwhile to think through how you can protect yourself from possible threats to your business, even something as simple being absent, planned or not. Managing the risk associated with salon ownership may not be as exciting as developing a new service or creating a client loyalty program, but ultimately, it’s more strategic and advantageous.

Risk cannot be eliminated entirely, but it amazes me how salons operate as if either there wasn’t any, or it was beyond their control. How many salons fail to satisfy the most basic requirements, such as valid professional licensing? What about providing services beyond the scope of practice? Ignoring the state’s health and safety regulations? Working on clients with serious medical concerns? Falsely advertising services? Underreporting income and avoiding taxes? Inadequately compensating service providers? Both salon owners and beauty professionals have legal and financial obligations and every effort should be made to understand and comply.

Even when you’re not obligated by law, there are precautions that can be taken, the most obvious being insurance. Anything worth having is worth protecting, so you may already have multiple insurance policies. Currently, I have insurance policies for my home, health, auto, life, business liability and property, worker’s compensation . . . and even earthquakes. I could have even more (dental, vision, disability insurance, etc.), but haven’t deemed them necessary to justify the additional expense. An independent insurance professional can give you specific guidance on which policies would best protect your interests given your circumstances.

Product safety has become a bigger concern lately, as some speculate about the health risks presented by certain nail products and equipment, while others present scientific facts and offer useful suggestions (e.g. avoiding overexposure, wearing eye protection and having an adequate ventilation system). While I don’t welcome more government regulations, I would appreciate greater accessibility to regulatory information pertaining to our industry, starting with our respective state boards. Federal agencies, like the FDA (Food and Drug Administration) and OSHA (Occupational Safety and Health Administration), also have jurisdiction over our industry. For example, did you know that according to the FDA, “There are no color additives approved by FDA for permanent dyeing or tinting of eyelashes and eyebrows?” In effect, this renders these services illegal, no matter what your state board regulations might state.

Speaking of health, why not take better care of yourself? Get enough sleep, stop smoking, improve your eating habits, develop an exercise routine, work more ergonomically, take frequent breaks (including the bathroom!), know your family health history, have regular exams, ask your doctor/nurse practitioner about your concerns, etc. Your physical health may be your greatest asset, not only for your personal well-being but for the medical costs and complications you could avoid later in life.

Personal safety is something we don’t often discuss within our industry, but it’s something I take seriously. Every news report of a violent incident within a beauty salon reminds me of how vulnerable we can be. “Good customer service” shouldn’t make you a target; protecting yourself and your staff is more important than being friendly and making money.

While most salons welcome interaction with the general public by keeping their doors unlocked, I’m doing just the opposite. This may contradict everyone’s expectations of a nail salon, but that’s not my concern. After 8 years of interacting with the public, I grew tired of the disruptions (“Would the owner be interested in buying . . . ?“), the ridiculous questions (“Is this a nail salon?”) and the casual browsers (“I’ve never seen so many different polish colors. What’s a good red?”). One of the latest interactions went like this:
Lady 1: “We need two pedicures and two manicures and . . . “
Me (slowly shaking my head): “We don’t have time for those services today; our next availability would be Friday morning.”
Lady 2: “It’s now or never!”
Me: “Then it’s never.”
Did I risk offending them? Perhaps, but that’s a risk I was willing to take; their lack of planning was not my problem.

As the end of my lease approached, I considered what I liked most and least about my salon business, and what changes I could make to minimize my risk. Changing salon locations gives me the opportunity to reinforce the best, and eliminate the worst, aspects. In the new salon, we're not required to keep particular hours; we work when we have appointments scheduled. And only those who have appointment reservations are allowed to enter the salon. Signage on the door emphasizing “By Appointment Only” directs visitors to the website and provides the salon phone number, while our new brochure is displayed in the adjacent window. A magnetic door lock with remote control makes “walk-ins” impossible, allowing us to give clients our undivided attention in a more private and secure setting.

By Jaime Schrabeck, Ph.D.