New California Employment Law Protects Domestic Workers


Employment law
In March 2011, a movement began in California with increased employment rights of domestic employees - housekeepers, nannies and personal attendants. Now, greater than two and half years later, Governor Jerry Brown signed AB 241 into law.

Employment law
The brand new law, also referred to as the Domestic Workers' Bill, was reintroduced by Assemblyman Tom Ammiano (D-San Francisco) after it had been defeated inside the California state legislature last year. California is simply the second state inside the Union to pass a law with this kind, following New York that passed their particular sort of the balance this season.

Domestic workers include people who are used by a private household, or by an employer in the healthcare industry, who are hired to work in a private home. They can either be accountable for assisting, feeding or dressing a young child, or supervising and helping the elderly, or people with mental or physical handicaps.

Industry Statistics

Advocates of what the law states suggest that domestic workers represent just about the most abused classes of employees in the nation. The country's Domestic Workers Alliance and Center for Urban Economic Development in the University of Illinois at Chicago conducted market research this year which revealed the next startling statistics:

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

Provisions from the Bill

The balance 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 right to use kitchen facilities; and
The right to possess some hours for sleep (eight hours recommended, with some possible exceptions).

The newest law switches into influence on January 1, 2014, and needs that domestic workers and private attendants be paid time-and-a-half for just about any hours worked more than nine hours in any single work day, or maybe more than 45 hours in a week.

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

The effect for the "Employer"

It's estimated that approximately 62,000 personal attendants in California is going to be suffering from the newest law. Although this can be a boon for that domestic worker industry, it may come with an adverse influence on the families and folks who require these types of services one of the most. The increased labor costs imposed by AB 241 will undoubtedly force many families and employers to lessen on the caregiver services they currently utilize, or would force those that require around-the-clock choose to employ multiple workers so that you can avoid the overtime and rest-period requirements. Subsequently, this may negatively impact the domestic worker industry as employers hire fewer workers. So while this new California employment law may be seen as an important win for that industry, the long-term impact might not be felt for a long time.