1Providing for prohibitions regarding contracts for
2cosmetologists or prospective cosmetologists; and imposing
3penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Cosmetology
8Free Market Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Cosmetologist." An individual who is engaged in the
14practice of cosmetology.

15"Cosmetology." Includes any or all work done for
16compensation by a person, which work is generally and usually
17performed by cosmetologists, which work is for the
18embellishment, cleanliness and beautification of human hair,

1such as arranging, braiding, dressing, curling, waving,
2permanent waving, cleansing, cutting, singeing, bleaching,
3coloring, pressing or similar work thereon and thereabout, and
4the removal of superfluous hair, and the massaging, cleansing,
5stimulating, manipulating, exercising, or similar work upon the
6scalp, face, arms or hands, or the upper part of the body, by
7the use of mechanical or electrical apparatus or appliances or
8cosmetics, preparations, tonics, antiseptics, creams or lotions,
9or by any other means, and of manicuring the nails, which
10enumerated practices are inclusive of the term cosmetology but
11not in limitation thereof.

12"Cosmetology employer." A person or entity engaged in the
13business of cosmetology in this Commonwealth. The term includes
14an agent, representative or designee of the employer.

15Section 3. Prohibitions.

16A cosmetology employer may not require in an employment
17contract that a cosmetologist or prospective cosmetologist:

18(1) refrain from obtaining employment in a specified
19geographic area for a specific period of time after
20termination of employment with the cosmetology employer; or

21(2) disclose the terms of an offer of employment from
22another cosmetology employer following the expiration of the
23term of the employment contract.

24Section 4. Contract void and unenforceable.

25A contract that contains a provision prohibited under section
263 is void and unenforceable with respect to the provision.

27Section 5. Violations.

28A person who violates a provision of this act is liable for
29attorney fees and court costs of the cosmetologist in an action
30relating to the enforceability of an employment contract between

1a cosmetologist and a cosmetology employer.

2Section 19. Applicability.

3This act applies only to contracts entered into on or after
4the effective date of this act.

5Section 20. Effective date.

6This act shall take effect in 60 days.