BILL ANALYSIS Ó
AB 889
Page 1
GOVERNOR'S VETO
AB 889 (Ammiano and V. Manuel Pérez)
As Amended August 24, 2012
2/3 vote
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|ASSEMBLY: |49-28|(June 2, 2011) |SENATE: |21-13|(August 29, |
| | | | | |2012) |
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|ASSEMBLY: |45-30|(August 30, | | | |
| | |2012) | | | |
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Original Committee Reference: L. & E.
SUMMARY : Requires the Department of Industrial Relations (DIR)
to adopt regulations governing the working conditions of
domestic work employees, as specified.
The Senate amendments delete the contents of the bill and
instead:
1)Require DIR, not later than January 1, 2014, to adopt
regulations governing the working conditions of "domestic work
employees."
2)Define "domestic work" to mean services related to care of
persons in private households or maintenance of private
households or their premises, including childcare providers,
caregivers of sick, convalescing, or elderly persons, house
cleaners, housekeepers, maids and other household occupations.
3)Define "domestic work employee" to mean an individual who
performs domestic work and includes live-in domestic work
employees and personal attendants, but does not include
specified individuals.
4)Provide that the regulations adopted by DIR shall provide for
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all of the following:
a) Overtime compensation;
b) Meal and rest periods; and,
c) Uninterrupted sleep periods and compensation for
interruptions.
5)Specify that DIR may apply the provisions of Industrial
Welfare Commission Wage Order 15 to domestic work employees.
6)Provide that in adopting the regulations, DIR shall do all of
the following:
a) Study the economic impact of the regulation; and,
b) Review and consider federal policies regarding domestic
work employees.
7)Make related legislative findings and declarations.
AS PASSED BY THE ASSEMBLY , this bill:
1)Defined "domestic work" to mean services related to the care
of persons in private households or maintenance of private
households or their premises.
2)Defined "domestic work employee" as an individual who performs
domestic work (including live-in domestic work employees and
personal attendants). The term does not include In-Home
Supportive Services program employees, specified family
members, or minor babysitters.
3)Specified that "domestic work employee" does not include a
person employed by a licensed health facility, as specified.
4)Specified that "domestic work employee" does not include a
person who is employed or contracts with an organization
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vendored or contracted through a regional center or the
Department of Developmental Services, as specified.
5)Defined a "domestic work employer" as a person who (including
through the services of a third-party employer) employs or
exercises control over the wages, hours or working conditions
of a domestic work employee.
6)Specified that a "domestic work employer" does not include a
domestic referral agency, as specified.
7)Established specific employment rights for domestic work
employees, including the following:
a) A domestic work employee shall be entitled to overtime
after eight hours in a workday or 40 hours in a workweek;
b) A domestic work employee who is required to be on duty
for 24 consecutive hours or more shall have a minimum of
eight consecutive hours of uninterrupted sleep except in an
emergency;
c) A live-in domestic work employee shall not be required
to work more than five days in any one workweek without a
day off;
d) Live-in domestic work employees and those who work for
more than 24 consecutive hours shall be provided sleeping
accommodations that are adequate, decent and sanitary;
e) A domestic work employee is entitled to meal and rest
periods, as specified;
f) A domestic work employer shall permit a domestic work
employee who works five hours or more to choose the food he
or she eats and to prepare his or her own meals; and,
g) A domestic work employee shall accrue paid vacation
benefits as specified.
8)Specified certain penalties and remedial provisions, and
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provides for a private right of action for enforcement, of the
aforementioned rights.
9)Eliminated the current requirement that domestic workers must
work at least 52 hours and earn more than $100 in the previous
90 days to be eligible for worker's compensation coverage.
10)Made other related and conforming changes.
11)Made related legislative findings and declarations.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill will result in estimated annual enforcement
costs of $231,000 to $770,000 to the Labor Enforcement and
Compliance Fund within the Department of Industrial Relations.
COMMENTS : As introduced, this bill proposed to enact the
"Domestic Work Employee Equality, Fairness and Dignity Act."
According to the author, in California there are around 200,000
domestic workers who serve as housekeepers, nannies, and
caregivers in private homes. Domestic workers are primarily
immigrant women who work in private households in order to
provide for their own families as the primary income earner.
The role of domestic workers is essential to California as it
enables others to participate in the workforce. Without these
domestic workers many Californians would be forced to forgo
their own jobs to address their household needs, the result
being that the well-being of many California families and the
economy as a whole would suffer.
However, the author stated that, despite the importance of their
work, domestic workers have historically received wages well
below the poverty line and continue to be excluded from some of
the most fundamental labor protections other Californian workers
enjoy. Domestic workers have historically been exempted from
laws governing the rights afforded to other workers - decent
wages, a safe and healthy workplace, workers' compensation and
other labor protections.
The California Association for Health Services at Home (CAHSAH)
and others strongly opposed the introduced version of this bill,
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arguing that it would have significantly increased the cost of
home care for seniors, people with disabilities, and other frail
Californians, and would further strengthen an already
dangerously large underground economy.
The Senate amendments delete the original contents of the bill
and instead require DIR to adopt regulations governing the
working conditions of domestic work employees, including
providing for overtime compensation, meal and rest periods, and
uninterrupted sleep periods, as specified.
GOVERNOR'S VETO MESSAGE :
Domestic workers work in the homes of ill, elderly or
disabled people. They often share duties and
responsibilities with the family and friends of the
patient-employer. Those employed in this noble
endeavor, like anyone who works for a living, deserve
fair pay and safe working conditions. Seeking to
improve the circumstances of these workers however,
raises a number of unanswered questions.
What will be the economic and human impact on the disabled
or elderly person and their family of requiring
overtime, rest and meal periods for attendants who
provide 24 hour care? What would be the additional
costs and what is the financial capacity of those
taking care of loved ones in the last years of life?
Will it increase costs to the point of forcing people
out of their homes and into licensed institutions?
Will there be fewer jobs for domestic workers? Will the
available jobs be for fewer hours? Will they be less
flexible?
What will be the impact of the looming federal policies in
this area? How would the state actually enforce the
new work rules in the privacy of people's homes?
The bill calls for these questions to be studied by the
state Department of Industrial Relations and for the
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department to simultaneously issue new regulations to
provide overtime, meal, rest break and sleep periods
for domestic workers. In the face of consequences both
unknown and unintended, I find it more prudent to do
the studies before considering an untested legal
regime for those that work in our homes.
Finally, a drafting error leaves most In Home Supportive
Service (IHSS) workers subject to this measure - -
resulting in costs to the state of over $200 million
per year. This could require cuts in wages, reduced
hours of care and other reductions to those served by
IHSS workers.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0005943