Findings Of Fact Respondent, Enchanted Mirror, Inc., is licensed as a cosmetology salon under License No. CE0034033. Respondent owns and operates several beauty salons in central Florida and has for 30 years. Licenses for all salons except the one in question here were properly renewed and maintained. License No. CE0022297 for a cosmetology salon was issued for Augie's Enchanted Mirror salon, located at 278 East Michigan Avenue, Orlando, Florida, on September 26, 1975. In 1977, Respondent moved Augie's Enchanted Mirror to a new location at 314 East Michigan Avenue, Orlando, Florida. When this move was made, Respondent did not obtain a new license for the salon at its new location, though it continued to operate the salon. At all times from the time of original licensure in 1975, Respondent operated Augie's Enchanted Mirror as a cosmetology salon open to the public, with whom it did business as such. Sometime between 1977 and 1979, License No. CE0022297 was removed from the records of the Department of Professional Regulation/Board of Cosmetology. In 1980, neither the Board of Cosmetology nor the Department of Professional Regulation mailed to Respondent a renewal notice for a cosmetology salon license for Augie's Enchanted Mirror. However, routine inspections of the facility were made by inspectors of the Board of Cosmetology on September 13, 1978, and August 9, 1979. The report of the former inspection bears the 314 East Michigan Avenue address and that of the latter, the 298 East Michigan Avenue address. Therefore, though the records did not reflect the license and no renewal application forms were sent out, the Board was aware of the salon and inspected it, raising no question as to the license status until 1982 or 1983. The inspection of October 25, 1982, revealed a current license was not posted, but the inspection report of February 14, 1983, the "new establishment" inspection reveals the CE0034033 license number. Therefore, as late as October 25, 1982, the salon was operating without a current license as a result of the transfer from one location to another and the failure of the Board to send out renewal forms after 1980.
Findings Of Fact Bart Sklansky is the President of Sunshine Hair Fashions, Inc., which is the owner of a salon operating under the name of Sunshine Scissors, located at 5568 Flamingo Road, cooper city, Florida. At all times material hereto, Sunshine Hair Fashions, Inc., was licensed by the State of Florida, to operate a cosmetology salon under License No. CE0040983, and the Sunshine Scissors Salon located at 5568 Flamingo Road, Cooper City, Florida operated under that license. Mr. Sklansky owns several other salons and he visits each location from time to time to oversee the operations. Petitioner was and is the state agency charged with regulating the practice of cosmetology in the State of Florida. On January 20, 1988, Leonard Baldwin, an inspector for the Department of Professional Regulation, entered the Sunshine Scissors Salon (hereinafter the "Salon") for the purpose of conducting a routine inspection of the premises. Mr. Baldwin has been an inspector for the Department of Professional Regulation for approximately four years. As part of his job, he inspects approximately 32 cosmetology salons per week and prepares a written inspection report reflecting his visit. He generally reviews those reports with the employees who are present. He will generally inspect a salon only once a year unless there are problems. At the time of Mr. Baldwin's inspection in January of 1988, the Salon was basically in good shape with the exception of the work station of one of the operators, Kenneth Hayman. The shop is professionally cleaned once a week and the employees make sure that the floors, mirrors and waiting areas are clean at all times. However, each individual operator is responsible for the cleanliness of his particular work station. While Mr. Hayman is not deliberately unsanitary, he is sometimes careless and needs constant prodding and reminders to keep his work station clean. As noted on his inspection report (Petitioner's Exhibit 3), Mr. Baldwin found certain conditions which he felt were unsatisfactory during his January 20, 1988 visit. Among the conditions he noted were the following: the back bar of at least one of the work stations was dirty and had excessive dust; there was excessive hair on the floor; combs and brushes from at least one of the work stations contained excessive hair; and it appeared that the implements and utensils from at least one work station were not being properly cleansed, sanitized, or stored. However, no direct testimony was presented as to the proper method for sanitizing or cleaning the implements and no evidence was presented as to how Respondent's procedures failed to meet the regulatory standards. Although Mr. Baldwin's investigation report (Exhibit 3) indicates as an additional deficiency that "sanitary towels/neck strips were not being placed around patrons necks," no explanation was given as to the basis for this noted deficiency and no direct testimony was offered to support this contention. All of these deficiencies, identified under the pertinent rules of the Board's, were brought to the attention of Pam Greco, one of the operators at the Salon. Bart Sklansky was not made aware of the deficiencies until several months later. He never noticed any problems during his visits to the Salon. On October 2, 1988, Mr. Baldwin again inspected the Salon. The general condition of the shop was satisfactory. However, the work station of Kenneth Hayman was again found deficient in certain areas. More specifically, the back bar area around this work station was dirty and it appeared that utensils may have been used on more than one patron without being sanitized. Mr. Baldwin did not explain how he reached this conclusion. After the second inspection, Mr. Hayman paid more attention to the cleanliness of his work station and kept it clean the majority of the time. However, on December 9, 1988, Mr. Baldwin against inspected the salon and noted similar deficiencies to those he found during the October 1988 inspection. Mr. Hayman's work station has never been the source of any customer complaints. Mr. Hayman has been informed that his work station must be kept clean and he has kept his work station clean since the last inspection.
Recommendation Based on all of the foregoing, it is RECOMMENDED that the Board of cosmetology enter a final order in this case finding the Respondent guilty of violating Section 477.029(1)(9), Florida Statutes, and imposing a penalty consisting of a reprimand and an administrative fine in the total amount of $100. DONE and ENTERED this 5th day of May, 1989, in Tallahassee, Florida. J. STEPHEN MENTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day or May, 1989. COPIES FURNISHED: Tobi C. Pam Staff Attorney Department of Professional Regulation 130 N. Monroe Street Tallahassee, FL 32399-0750 Bart Sklansky Sunshine Hair Fashions Post Office Box 601667 North Miami Beach, FL 33160 Myrtle Aase Board of Cosmetology Department of Professional Regulation 130 N. Monroe Street Tallahassee, FL 32399-0750 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 N. Monroe Street Tallahassee, FL 32399-075010
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for operation of a beauty salon in her home without a license in violation of Section 477.15(9), F.S., and Rule 21F-3.O1, F.A.C.
Findings Of Fact The Respondent, Catherine Birdsall, was cited on September 10, 1976, for operating a beauty salon in her home without a salon license by Inspector Geraldine Padgett. The Respondent, Birdsall, had a beauty salon set up in her home which could have been eligible for licensing by the Petitioner had her home been in a properly zoned area. Mrs. Birdsall was in fact operating a beauty salon although she was not charging her customers in money. It was a situation in which Mrs. Birdsall was practicing cosmetology so that she could be employed in another beauty salon as a cosmetologist. The patrons of Mrs. Birdsall repaid her for her cosmetology efforts by paying her for supplies and by doing other work for her on a barter- type arrangement. The Respondent is not now operating a beauty salon in her home and is now employed elsewhere.
Recommendation Send a Respondent a written reprimand for violation of the statutes and rules. DONE and ORDERED this 5th day of August, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Clifford L. Davis , Esquire LaFace and Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Catherine Birdsall 5702 Cadillac Lake Worth, Florida 33460
The Issue The issue is whether Respondent discriminated against Petitioner based on her national origin.
Findings Of Fact Respondent is a subsidiary of Ratner Companies. Respondent operates a chain of salons, including the Cobblestone Hair Cuttery Salon (Cobblestone) in St. Augustine, Florida, and the Town Center Hair Cuttery Salon (Town Center) in Palm Coast, Florida. Petitioner was born in Buenos Aires, Argentina, of Hispanic origin. She speaks Spanish as her first language and English as her second language. Petitioner has extensive experience as a hairdresser. She was licensed in Maryland in 1975 and in Florida in 1989. Petitioner has owned her own salons in Maryland and Florida. In the fall of 2007, Francesca Souza, Respondent's salon leader at Town Center interviewed Petitioner for a position as a hair stylist. Ms. Souza was impressed with Petitioner's experience as a stylist. Ms. Souza also believed that Petitioner's ability to speak Spanish would help improve service to the area's large population of Spanish-speaking clients. Because Ms. Souza did not have a position available at the time, she referred Petitioner to Cobblestone. The salon leader at Cobblestone hired Petitioner as a hair stylist. At Cobblestone, Petitioner had problems following Respondent's Fair and Equal Treatment Policies. The problems were based on allegations that Petitioner was taking customers out-of-turn, doing services that customers did not want, and being confrontational in the shop in front of clients. After Respondent was coached and counseled about not making clients or associates uncomfortable, Petitioner's ability to get along with other stylists improved. There were never any issues at Cobblestone with Petitioner’s speaking Spanish. In April or May of 2008, Petitioner transferred to Town Center because it was closer to her home. For approximately two months, Petitioner experienced no problems working at Town Center. Town Center was a multi-cultural salon. Ms. Souza spoke several languages in addition to English, including Spanish and Portuguese. Other bi-lingual stylists included the following: (a) Natalie, who was from Thailand and spoke Chinese and Cambodian; (b) Andrea, who was from Jamaica and spoke French; and (c) Maria, who was from Puerto Rico and spoke Spanish. Other stylists, who spoke only English, included the following: Courtney; Jessica; Monica; Jasmine; Stacy; Christine; Melissa; Eugenia; and Michael Ann. From the beginning, Petitioner believed that these stylists formed a clique that attempted to exclude other stylists. Respondent did not have a policy prohibiting stylists from speaking a foreign language to each other or to customers in the salon. Bi-lingual stylists usually spoke to their customers according to their national origin when necessary to make the customers feel comfortable. Initially, Petitioner sometimes spoke Spanish to Francesca and Maria. Some of the stylists in the "clique" complained that Francesca and Petitioner should speak English to each other in the salon because they were in the United States. Francesca then informed Petitioner that they should speak English to each other. Francesca explained to Petitioner that some of the stylists might feel as if Francesca favored Petitioner and that speaking English would make everyone feel more included. In June 2008, Petitioner was working at Town Center when two sisters of Hispanic origin came in for service. One sister was treating the other for a special occasion. Diane was due to take the next walk-in client. Therefore, Diane asked the sister being served to sit in her chair. After the sisters told Diane what service they wanted, Stacy made a comment in English to Diane that she was not competent to do the service. Apparently, one or both of the sisters understood Stacy's comment. The sister receiving the service became upset, stating, in Spanish, that she did not want Diane to do her hair. At that point, Petitioner intervened. Speaking in Spanish to the sisters, Petitioner assured them that Diane was competent to perform the service and that Stacy had made a childish comment. The incident grew worse when Petitioner overhead Courtney complaining to the "clique" about Petitioner’s speaking Spanish to Diane's customers. Petitioner also understood that members of the "clique" were being critical of her and the sisters. As the "clique" talked among themselves, the sisters became even more upset. Apparently the sisters and Petitioner believed that the other stylists were making fun of the sisters and Spanish-speaking people in general. Eventually, Petitioner called Ms. Souza, who was on vacation. Courtney also spoke to Ms. Souza. Courtney yelled that Petitioner should be fired, that she was a troublemaker, that she should not be speaking Spanish, and that she had caused the whole problem. Ms. Souza talked to the sisters on the phone. She made arrangements to compensate them for the incident. Ms. Souza later talked to Petitioner, asking whether she had caused the problem. Petitioner responded that the "clique" was jealous of her and were discriminating against her because she spoke Spanish. After the incident with the sisters, personality conflicts developed between the "clique" and Petitioner. They could not get along and did not trust each other. When Petitioner began working at Town Center, the salon had an honor system in place to determine which stylist would get the next walk-in client. Petitioner took advantage of the honor system by taking clients out-of-turn. Ms. Souza then instituted a walk-in list that the stylists signed when they came to work. As they took clients, they were supposed to scratch their name off the top of the list and write it at the bottom. Petitioner also took advantage of the walk-in list by not scratching her name off the top of the list after taking a client. The other stylists would then scratch off Petitioner's name or white it out and write it at the bottom. When this happened, Petitioner and the other stylists would bicker with each other. Petitioner never admitted she had done anything wrong and always complained that the other stylists were picking on her. The greater weight of the evidence indicates that the "clique" resented Petitioner’s speaking Spanish to her clients when it was not necessary because they assumed that Petitioner was talking about them. There is no persuasive evidence that the "clique" resented Petitioner’s speaking Spanish because she was from Argentina of Hispanic origin. To the contrary, a member of the "clique" occasionally requested Petitioner's assistance in communicating with a Spanish-speaking client. The evidence also shows that Petitioner was very aggressive in soliciting clients and selling retail products. Her list of clients that would request her services grew quickly. She often had the highest sales per week and/or month of retail products. The members of the "clique" may have been jealous of Petitioner's rapid success but they also resented the methods she used to increase her commissions as set forth in Ms. Souza's testimony and the documentation memorializing her counseling and coaching conversations with Petitioner. On August 6, 2008, Ms. Souza had a conversation with Petitioner outside the salon. During the conversation, Ms. Souza informed Petitioner that she was creating an environment in the salon that was uncomfortable to stylists and others in the following ways: (a) arguing with Jasmine about a client; (b) bickering on the floor; and (c) intervening with Stacy's recommendations to a client by making derogatory remarks about the quality of Stacy's work. At the conclusion of this conversation, Petitioner agreed to stop that kind of behavior. On August 8, 2008, Ms. Souza had a conversation with Petitioner regarding the two technical complaints. First, a client was unhappy with an "updo" done by Petitioner. Additionally, Petitioner tried to charge the client $40 for the service after Monica had quoted the client a $25 price. Ms. Souza had to redo the hair style and charged the client $25. Second, a client came in with a very uneven hair cut. Petitioner refused to cut the client's hair the way she wanted it because it would, in Petitioner's opinion, look bad. On September 6, 2009, Ms. Souza wrote a letter to Stephanie Melstein, Respondent's district leader. The letter reviews the problems Ms. Souza was having with Petitioner as follows: (a) taking clients out-of-turn, then getting defensive when confronted by another stylist; (b) leaving the salon without cleaning up at closing; (c) not crossing her name off the walk-in list so that she remains at the top of the list; (d) talking to clients sitting in another stylist's chair, frequently saying things contrary to what the stylist and client have discussed; (e) walking to the front of the salon and striking up a conversation with a walk-in client, then putting the client's name in the computer as a "request" for herself, even though the client did not care who performed the service; (f) making derogatory comments about people's sexual orientation and/or religion; (g) walking away and pretending to be busy when presented with an ethnic client that she does not want to serve; and (h) claiming that the whole salon is out to get her because of jealousy. In the September 6, 2008, letter, Ms. Souza requested that Ms. Melstein let her know how much information is needed to terminate a person without repercussion to Ratner Companies. Ms. Souza did not want to be seen as a weak salon leader, but she also did not want to have the salon involved in a lawsuit by a disgruntled employee. On September 12, 2008, Ms. Souza gave Petitioner a verbal warning regarding the following: (a) not taking clients in order according to the walk-in policy by skipping over other names; (b) interfering with other stylists; and (c) leaving early without management approval. Ms. Souza advised Petitioner that her actions were creating an uncomfortable environment for clients and co-workers. Ms. Souza also stated that any future violations in these same areas will result in termination. Petitioner hand delivered a letter dated September 16, 2008, to Ms. Souza and Ms. Melstein at a monthly salon meeting. According to the letter, Petitioner had been picked on by the "clique" since her first week at work. In the September 16, 2008, letter, Petitioner's complaints included, but were not limited to, the following: (a) someone was scratching out Natalie's and Petitioner's names on the walk-in list when they had a request customer as if they had taken a walk-in client; (b) someone was telling Natalie's and Petitioner's request customers that they were scheduled to work on days they were off; (c) Ms. Souza warned Petitioner about Lynn and Melissa and advised Petitioner not to speak Spanish because the stylists would think Ms. Souza was favoring Petitioner; (d) Ms. Souza talked about some of the stylists behind their backs; (e) Michael Ann left work early one day without permission; (f) Monica was 45 minutes late one day, leaving a client waiting for her; (g) Lynn was 35 minutes late with no repercussions; (h) Michael Ann left the salon for an hour without clocking out, leaving a client waiting that Lynn had to service; (i) Lynn leaves the salon for coffee without clocking out; (j) the smokers take more breaks than non-smokers; (k) the "clique" discriminated against the two Spanish sisters and Petitioner; (l) Lynn falsely accused Petitioner of being a thief for hiding Lynn's lunch; (m) the "clique" members go to lunch then expect someone to check in the clients and have them wait until the "clique" members return; (n) Ms. Souza feels that Petitioner has a chip on her shoulder; (o) Petitioner cannot speak Spanish with her Spanish-speaking clients because the "clique" finds it offensive; (p) Monica refused to give Petitioner her paycheck, placing it on a high shelf; (q) Francesca falsely stated that Petitioner had four complaints on redo haircuts; (r) Lynn and the "clique" mistreated a person in training at the salon; (s) someone put a bag of bleach on Petitioner's lunch; (t) the "clique" is jealous that Petitioner has so many requests in such a short time; (u) someone erased some of Petitioner's chemical service appointments and put them under the name of other hairstylists; (v) someone scratched over Petitioner's initials on the chore list and placed another name there as if Petitioner did not do her chore, then told Ms. Souza that Petitioner left early without doing her chore; (w) Michael Ann wanted to smoke so she gave her walk-in to Jessica even though Petitioner was next in line; (x) Michael Ann leaves work early when Monica is on duty as assistant salon leader with no repercussion; (y) Stacy refused to cut the hair of a child on the walk-in list, asking Petitioner to cut the child's hair instead; and (z) the "clique" members get together to gossip about Petitioner getting a written warning report. After receiving the September 16, 2008, letter from Petitioner, Ms. Melstein went to the Town Center to investigate Petitioner's allegations. Ms. Melstein spoke to the Town Center staff, including Petitioner and Ms. Souza. Ms. Melstein reminded Petitioner and Ms. Souza that Respondent did not have a policy prohibiting speaking a foreign language in a salon. Ms. Melstein also reminded them that Respondent did have a policy prohibiting any conduct that created an uncomfortable environment for clients and staff. Finally, Ms. Melstein made it clear that if a stylist needed to speak a foreign language to make a client feel comfortable, the stylists certainly could do so. During her investigation, Ms. Melstein had conversation with all of the staff regarding the allegations in Petitioner's September 16, 2008, letter. Ms. Melstein concluded that there were personality conflicts among the stylists but that no one was being discriminated against. On or about October 1, 2008, Ms. Souza had a conversation with Petitioner regarding her failure to attend a mandatory salon meeting. Ms. Souza also instructed Petitioner to stop soliciting clients for a mortgage business by getting and/or giving out cell phone numbers and e-mail addresses and by giving mortgage company business cards to the clients. On October 18, 2008, Ms. Souza counseled Petitioner about taking clients out of turn. She also advised Petitioner about the importance of placing the names of clients in the computer. On or about November 3, 2008, Petitioner improperly charged a client for a foil service. At that time, the stylists were supposed to charge $3 per foil up to six foils and $45 for a partial foil of seven to twelve foils. Petitioner charged the client $3 per foil for eight foils, thereby undercharging the client $21. This is a terminable offense under Respondent's Fair and Equal Treatment Policy. The greater weight of the evidence indicates that Petitioner did not have permission to charge the client $3 per foil for eight foils. On November 5, 2008, Ms. Sousa terminated Petitioner's employment at Town Center. According to the conference report form, Petitioner was terminated for the following reasons: (a) knowingly failing to charge clients properly by under- ringing sales and quoting incorrect prices; (b) creating an uncomfortable environment for clients and staff; (c) mistreating other associates by selling products to clients while other stylists are servicing those clients; (d) discrediting stylists with derogatory comments statement to clients; and (e) trying to coax clients into her chair while the clients were waiting for another stylist. The transaction detail report confirms that on November 3, 2008, Petitioner improperly charged for a foil service. Additionally, the transaction detail report reflects twelve instances of improper charging (over-ringing and/or under-ringing) by Petitioner prior to November 3, 2008. After being terminated, Petitioner complained to Naté Venkatesen, the human resources director for Ratner Companies. Petitioner stated that other associates in the salon also were improperly charging clients. As a result, Respondent performed an investigation and subsequently initiated coaching and counseling for all associates at the salon. There is no evidence that the stylists involved in the coaching had the same type of disciplinary history or problems following policies as Petitioner. In a letter dated December 5, 2008, Ms. Venkatesan agreed to reinstate Petitioner to her original position at full pay. Ms. Venkatesan also told Petitioner she would receive full back-pay from November 5, 2008, until December 12, 2008. According to the letter, Petitioner would be entitled to all benefits, including the company-paid trip to Cancun in May 2009. Finally, the letter stated that Petitioner needed to respond to the letter by December 12, 2008, or Respondent would assume she was not interested in returning to work. Petitioner declined to accept Petitioner's offer of reinstatement. She did not want to start all over in building her clientele and sales at another salon. Respondent never told Petitioner she could not return to Town Center. However, Ms. Venkatesan told Petitioner she did not think it would be a good idea for Petitioner to return to Town Center. After she was terminated, Petitioner looked for work for about three and a half weeks before finding a job at the Paradise Day Spa. Petitioner worked at the Paradise Day Spa for eight months until September 2009, when that company went out of business. A short time later, Petitioner found a job in a barber shop where she continued to work at the time of the hearing. When Petitioner worked for Respondent, she accrued a week's paid vacation after working for one year. She earned an average of $400 per week in commissions from services and an additional $300 per week in tips and retail sales. Up through the date of termination, Petitioner earned $18,763.07 gross pay and $15,312 net pay from Respondent. Petitioner earned $959.64 in 2008, working for the Paradise Day Spa. She earned approximately $129 per week at the Paradise Day Spa. Petitioner earns approximately $200 per week at the barber shop. Her earnings there are based on a 50 percent commission for each service she performs.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 12th day of January, 2010, in Tallahassee, Leon County, Florida. S SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of January, 2010. COPIES FURNISHED: David W. Glasser, Esquire Glasser & Handel 116 Orange Avenue Daytona Beach, Florida 32114 Bradley J. Hansen, Esquire Ratner Companies, LC 1577 Spring Hill Road, Suite 500 Vienna, Virginia 22182 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue Respondent's alleged violations of Section 477.02(4) & 477.15, Florida Statutes.
Findings Of Fact Respondent operates Kemp's Beauty Salon, 404 N.E. 10th Street, Boynton Beach, Florida, under Certificate of Registration Number 16286 to operate a cosmetology salon issued by Petitioner on November 18, 1971. (Stipulation). On May 22, 1975, Petitioner's inspector visited Respondent's salon and observed a man styling the hair of a patron. On May 23, the Inspector returned and observed the same man doing the same thing. He informed her that he did not have a state license. Respondent was not present on either occasion. (Testimony of Jennings) Respondent testified at the hearing that he had had no idea that the individual in question, who was a patron of the shop, was going to work on customers. On May 23rd Respondent had left the shop to have lunch. (Testimony of Kemp).
Recommendation That Respondent's salon license 16286 be suspended for a period of 30 days. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Thomas Kemp Kemp's Beauty Salon 404 N.E. 10 Street Boynton Beach, Florida
