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Domestic Worker Bill of Rights Approved by State Legislature

By Peter Levine posted in Employment Law, Unpaid Overtime on September 19th, 2013

Could mark a huge step forward for domestic worker rights

The California State Legislature has approved a bill, “AB-241,” also dubbed the Domestic Worker Bill of Rights, that could mark a huge step forward for domestic worker rights in the state and could make California the second state in the nation after New York to pass such a bill.

Introduced by Democratic Assembly member Tom Ammiano, the bill guarantees overtime pay for domestic workers who work more than nine hours per day or 45 hours per week.

“Growing up, I saw first-hand how hard domestic workers labor without basic worker protections that most of us take for granted,” said coauthor Senator Kevin de León in a press release about the passing. “My mother worked her fingers to the bone cleaning other people’s homes. I’m proud to be a coauthor for this long-overdue measure which will end the historic exclusion of this industry from overtime pay.”

The Senate has approved the bill with amendments 22-12, with the Assembly approving the changes shortly after. Governor Brown now has until October 13 to sign the bill.

Should Brown sign it, he will then convene a committee to review the success of the bill. Lawmakers will have three years to make it permanent.
Brown killed a similar bill last year, arguing that it would place an extra burden on employers, particularly with low-income, elderly or disabled individuals who need constant care.

Senate version focuses on overtime pay for workers

Initially AB-241 included other worker rights, such as meal breaks, sick days and workers’ compensation. The amended version created by the Senate focuses strictly on overtime pay.

“We obviously believe these workers should have all of these rights, but the overtime is by far the most important element we were looking for,” explained Ammiano Communications Director Carlos Alcalá. “We’re happy to go forward with the bill as it is.”

The bill has seen support across the state. In March, hundreds of housekeepers, child-care providers, as well as other domestic workers marched in protest of worker’s rights.

Ammiano’s office said that the bill “rights a historic wrong.”

“Senate passage of the Domestic Workers Bill of Rights is one more step in a movement to make sure these workers get the kind of labor protections they deserve,” wrote Ammiano. “This movement is taking place all over the country and won’t be over until domestic workers rights are spelled out in every state. When this bill gets final approval and signature, California will be a leader in that movement.”

Domestic Worker Rights: Nannies, Babysitters, and Daycare Providers

By Peter Levine posted in Employment Law on August 29th, 2013

About one in five children are in the care of domestic workers

About one in five children are in the care of domestic workers such as nannies, babysitters or in-home daycare providers. Because the government has failed to provide and subsidize quality childcare, families often struggle to find the money for in-home care, leaving nannies vulnerable because they often miss out on fair wages, decent hours, and benefits. In a recent survey, the largest group of nannies, about 11 percent, reported earning $600 per week, which amounts to $31,200 a year. While hourly wages fluctuate by location, in many major cities that isn’t enough to live on.

Fair Labor Standards Act leaves many domestic workers unprotected

A 1974 amendment to the Fair Labor Standards Act extended coverage to domestic workers, but an overly broad reading of its exemptions has left many domestic workers unprotected. As a result, most have missed out on minimum wages, overtime pay, benefits, and protection from discrimination. The majority of families who employee nannies, although they mean well, don’t often pay into Social Security, provide any paid sick leave or vacation time, or offer overtime pay for extra hours worked. Without regulations, nannies are at their employers’ whim, without anywhere to turn in the event of harassment or discrimination. “Because there’s no industry standard, there’s no guideline for a conversation.” says Jennileen Joseph, a nanny and founder of a nonprofit for domestic workers called Massachusetts Association of Professional Nannies.

First law requiring time-and-a-half for overtime

But that may begin to change. New York just passed the first law requiring time-and-a-half for overtime, at least three vacation days a year and an eight-hour workday and forty-hour workweek for domestic workers. It also grants temporary disability benefits and provides redress for harassment and discrimination. Four other states-California, Illinois, Massachusetts and Colorado-are considering similar bills.

New York’s is a momentous victory for domestic workers, but it also has some parents concerned. While the New York bill doesn’t establish a per-hour minimum wage above the state’s minimum, families will be paying far more to keep nannies working past the forty-hour workweek if they need extra care. There will be no government subsidies for these extra costs, even though they are crucial to valuing the work nannies do. And some feel the government should be at least partially responsible for the high costs of paying domestic workers, especially as those costs increase to make the work up to par with living standards.

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