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New California Employment Law Protects Domestic Workers

Employment law

In March 2011, a movement began in California calling for increased employment rights of domestic employees - housekeepers, nannies and private attendants. Now, a lot more than two and half years later, Governor Jerry Brown signed AB 241 into law.


Employment law

The new law, also referred to as the Domestic Workers' Bill, was reintroduced by Assemblyman Tom Ammiano (D-San Francisco) after it absolutely was defeated within the California state legislature this past year. California is only the second state in the Union to pass a law of this kind, following New York that passed their particular form of the check this year.

Domestic workers include individuals who are utilized by an exclusive household, or by an employer inside the healthcare industry, that are hired to work inside a private home. They could either be responsible for assisting, feeding or dressing a child, and supervising and helping the elderly, or people who have mental or physical handicaps.

Industry Statistics

Supporters of regulations state that domestic workers represent probably the most abused classes of employees in the country. The country's Domestic Workers Alliance and Center for Urban Economic Development in the University of Illinois at Chicago conducted a survey next year which revealed these startling statistics:

 About 67 percent of live-in personnel are paid below minimum wage;
 The median hourly wage of those workers is $6.15;
 Only 4 percent of workers receive employer-provided insurance;
 65 percent don't have any insurance coverage;
 In California, almost 70 percent of domestic staff is Latina;
 93 percent of domestic staff is women.

Provisions with the Bill

The bill activly works to guarantee the following six rights for domestic employees:

 Overtime pay;
 Meal and rest breaks;
 Three paid sick days;
 Workers' compensation coverage;
 The to use kitchen facilities; and
 The to have some hours for sleep (eight hours recommended, with some possible exceptions).

The brand new law adopts influence on January 1, 2014, and requires that domestic workers and private attendants be paid time-and-a-half for any hours worked more than nine hours in a single workday, or even more than 45 hours in a week.

The prior failed bill included additional benefits including covering the living cost increases, four weeks notice of termination and certain Cal OSHA protections. However every one of these happen to be omitted in the current version away from concern that they could become an unreasonable burden on low-income, elderly or disabled people who require full-time care.

The outcome to the "Employer"

It is estimated that approximately 62,000 personal attendants in California will be affected by the newest law. While this can be a boon for the domestic worker industry, it could come with an adverse influence on ab muscles families and folks who want these services the most. The increased labor costs imposed by AB 241 will undoubtedly force many families and employers to lessen about the caregiver services they currently utilize, or would force people who require around-the-clock choose to employ multiple workers in an effort to stay away from the overtime and rest-period requirements. Subsequently, this may negatively change up the domestic worker industry as employers hire fewer workers. So while this new California employment law could be considered an important win for that industry, the long-term impact might not be felt for many years.