Amended in Senate September 3, 2013

Amended in Senate July 1, 2013

Amended in Assembly May 24, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 241


Introduced by Assembly Member Ammiano

begin insert

(Coauthors: Senators De León, Hueso, and Lara)

end insert

February 6, 2013


An act to add Part 4.5 (commencing with Section 1450) to Division 2begin delete of,end deletebegin insert ofend insert the Labor Code, relating to domestic work employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 241, as amended, Ammiano. Domestic work employees: labor standards.

(1) Existing law regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified. Existing law creates the Industrial Welfare Commission and authorizes it to adopt rules, regulations, and orders to ensure that employers comply with those provisions. Wage Order No. 15-2001 of the commission regulates wages, hours, and working conditions for household occupations. Existing law makes violations of certain of these provisions a misdemeanor.

This bill would enact the Domestic Worker Bill of Rights to specially regulate the wages, hours, and working conditions of certain domestic work employees. The bill would define various terms for the purposes of the act, including defining domestic work to mean services related to the care of persons in private households or maintenance of private households or their premises, which would include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids, and other household occupations. The bill would provide an overtime compensation rate for those domestic work employees, with specified exceptions. The bill would prevail if a provision of the household occupations wage order or any other provision of law affords less protection to a domestic work employee, and that wage order or provision of law would prevail if the wage order or any other provision of law affords more protection to a domestic work employee. The bill would prescribe standards for determining whether time spent by a personal attendant who is a domestic work employee, when traveling out of town accompanying a domestic work employer who is a person with a disability, constitutes hours worked. The bill would further establish standards for sleeping periods, including accommodations for a domestic work employee who is required to sleep in the private household of the employer, and would apply provisions of the household occupations wage order regarding meal and rest breaks to personal attendants who are domestic work employees. The bill would require the Division of Labor Standards Enforcement to enforce these provisions. The bill would also provide a domestic work employee a private right of action to enforce these provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) As recognized by the State of California in Resolution
4Chapter 119 of the Statutes of 2010, it is the policy of the state to
5encourage and protect the rights of domestic work employees.

P3    1(b) California’s domestic workers, which include housekeepers,
2nannies, and caregivers for children, persons with disabilities, and
3the elderly, work in private households to care for the health, safety,
4and well-being of the most important aspects of Californians’ lives:
5their families and homes.

6(c) Domestic workers play a critical role in California’s
7economy, working to ensure the health and prosperity of California
8families and freeing others to participate in the workforce, which
9is increasingly necessary in these difficult economic times. The
10labor of domestic workers is central to the ongoing prosperity of
11the state but, despite the value of their work, domestic workers
12have not received the same protection under state laws as workers
13in other industries. Although domestic workers labor to support
14families and children of their own, and often are primary income
15earners, many earn low wages and live below the poverty line.

16(d) Because domestic workers care for the most important
17elements of their employers’ lives, their families and homes, it is
18in the interest of employees, employers, and the people of the State
19of California to ensure that the rights of domestic workers are
20respected, protected, and enforced.

21(e) The vast majority of domestic workers are women of color
22and immigrants who are particularly vulnerable to unlawful
23employment practices. Domestic workers usually work alone,
24behind closed doors, and out of the public eye, leaving them
25isolated, vulnerable to abuse and exploitation by some employers,
26and unable to advocate collectively for better working conditions.
27Many domestic workers labor under harsh conditions and work
28long hours for low wages without any benefits. For those who are
29live-in employees, when terminated, they lose not only their jobs
30but their homes. This bill recognizes that many personal attendants
31have positive working relationships with their employers. However,
32it must also be recognized that there are other situations where
33domestic workers are verbally and physically abused or sexually
34assaulted, forced to sleep in conditions unfit for human habitation,
35and stripped of their privacy and dignity.

36(f) Many domestic workers are still excluded from the most
37basic protections afforded to the rest of the labor force under state
38and federal law, including the rights to fair wages, safe and healthy
39working conditions, and protection from discriminatory and abusive
40treatment. The treatment of domestic workers under federal and
P4    1state laws has historically reflected stereotypical assumptions about
2the nature of domestic work, specifically that the relationship
3between employer and “servant” was “personal,” rather than
4commercial, in character, that employment within a household
5was not “real” productive work, and that women did not work to
6support their families.

7(g) Recognizing that people with disabilities often need personal
8attendants in order to be active participants in work, community,
9social, and cultural life, this bill creates certain modifications to
10the definition of compensable hours worked to accommodate
11situations when out-of-town travel with a personal attendant is
12necessary. The bill further modifies the existing definition of
13compensable hours worked in Wage Order No. 15-2001 of the
14Industrial Welfare Commission to allow for an unpaid sleep period
15of up to eight hours for domestic work employees who are live-in
16employees or who are required to be on duty for 24 consecutive
17hours or more, under specified circumstances. Domestic work
18employees who are personal attendants, who have long been denied
19the right to take meal and rest breaks, will be afforded the
20protection of Sections 11 and 12 of Wage Order No. 15-2001,
21which includes a provision for on-duty meals when the nature of
22the work prevents an employee from being relieved of all duty.

23(h) Given the limited legal protections historically provided to
24domestic workers, and bearing in mind the unique conditions and
25demands of this private, home-based industry, the Legislature, as
26an exercise of the police power of the State of California for the
27protection of the public welfare, prosperity, health, safety, and
28peace of its people, further finds that domestic workers are entitled
29to industry-specific protections and labor standards that eliminate
30discriminatory provisions in the labor laws and guarantee domestic
31workers basic workplace rights to ensure that domestic workers
32are treated with equality, respect, and dignity.

33

SEC. 2.  

Part 4.5 (commencing with Section 1450) is added to
34Division 2 of the Labor Code, to read:

 

P5    1PART 4.5.  Domestic Work Employees

2

 

3Chapter  1. General Provisions and Definitions
4

 

5

1450.  

This part shall be known and may be cited as the
6Domestic Worker Bill of Rights.

7

1451.  

As used in this part, the following definitions apply:

8(a) (1) “Domestic work” means services related to the care of
9persons in private households or maintenance of private households
10or their premises. Domestic work occupations include childcare
11providers, caregivers of people with disabilities, sick, convalescing,
12or elderly persons, house cleaners, housekeepers, maids, and other
13household occupations.

14(2) “Domestic work” does not include care of persons in
15facilities providing board or lodging in addition to medical, nursing,
16convalescent, aged, or child care, including, but not limited to,
17residential care facilities for the elderly.

18(b) (1) “Domestic work employee” means an individual who
19performs domestic work and includes live-in domestic work
20employees and personal attendants.

21(2) “Domestic work employee” does not include any of the
22 following:

23(A) Any person who performs services through the In-Home
24Supportive Services program under Article 7 (commencing with
25Section 12300) of Chapter 3 of Part 3 of Division 9 of, and Sections
2614132.95, 14132.952, and 14132.956 of, the Welfare and
27Institutions Code.

28(B) Any person who is the parent, grandparent, spouse, sibling,
29child, or legally adopted child of the domestic work employer.

30(C) Any person under 18 years of age who is employed as a
31babysitter for a minor child of the domestic work employer in the
32employer’s home.

33(D) Any person employed as a casual babysitter for a minor
34child in the domestic employer’s home. A casual babysitter is a
35person whose employment is irregular and intermittent and who
36does not work more than an average of six hours per week in any
37given month caring for the same minor child or children. If a person
38who performs babysitting services on an irregular and intermittent
39basis does a significant amount of work other than supervising,
40feeding, and dressing a child, this exemption shall not apply and
P6    1the person shall be considered a domestic work employee. A person
2who is a casual babysitter who is over 18 years of age retains the
3right to payment of minimum wage for all hours worked, pursuant
4to Wage Order No. 15-2001 of the Industrial Welfare Commission.

5(E) Any person employed by a licensed health facility, as
6defined in Section 1250 of the Health and Safety Code.

7(F) Any person who is employed pursuant to a voucher issued
8through a regional center or who is employed by, or contracts with,
9an organization vendored or contracted through a regional center
10or the State Department of Developmental Services pursuant to
11the Lanterman Developmental Disabilities Services Act (Division
124.5 (commencing with Section 4500) of the Welfare and
13Institutions Code) or the California Early Intervention Services
14Act (Title 14 (commencing with Section 95000) of the Government
15Code) to provide services and support for persons with
16developmental disabilities, as defined in Section 4512 of the
17Welfare and Institutions Code, when any funding for those services
18is provided through the State Department of Developmental
19Services.

20(G) Any person who provides child care and who, pursuant to
21subdivision (d) or (f) of Section 1596.792 of the Health and Safety
22Code, is exempt from the licensing requirements of Chapters 3.4
23(commencing with Section 1596.70), 3.5 (commencing with
24Section 1596.90), and 3.6 (commencing with Section 1597.30) of
25Division 2 of the Health and Safety Code, if the parent or guardian
26of the child to whom child care is provided receives child care and
27development services pursuant to any program authorized under
28the Child Care and Development Services Act (Chapter 2
29(commencing with Section 8200) of Part 6 of Division 1 of Title
301 of the Education Code) or the California Work Opportunity and
31Responsibility to Kids Act (Chapter 2 (commencing with Section
3211200) of Part 3 of Division 9 of the Welfare and Institutions
33Code).

34(c) (1) “Domestic work employer” means a person, including
35corporate officers or executives, who directly or indirectly, or
36through an agent or any other person, including through the
37services of a third-party employer, temporary service, or staffing
38agency or similar entity, employs or exercises control over the
39wages, hours, or working conditions of a domestic work employee.

P7    1(2) “Domestic work employer” does not include any of the
2following:

3(A) The State of California or an individual who receives
4domestic work services through the In-Home Supportive Services
5 program under Article 7 (commencing with Section 12300) of
6Chapter 3 of Part 3 of Division 9 of, and Sections 14132.95,
714132.952, and 14132.956 of, the Welfare and Institutions Code
8or who is eligible for that program based on his or her income.

9(B) An employment agency that complies with Section
101812.5095 of the Civil Code and that operates solely to procure,
11offer, refer, provide, or attempt to provide work to domestic
12workers if the relationship between the employment agency and
13the domestic workers for whom the agency procures, offers, refers,
14provides, or attempts to provide domestic work is characterized
15by all of the factors listed in subdivision (b) of Section 1812.5095
16of the Civil Code and Section 687.2 of the Unemployment
17Insurance Code.

18(C) A licensed health facility, as defined in Section 1250 of the
19Health and Safety Code.

20(d) “Emergency” means an unpredictable or unavoidable
21occurrence of a serious nature that occurs unexpectedly requiring
22immediate action.

23(e) “Hours worked” means the time during which a domestic
24work employee is subject to the control of a domestic work
25employer and includes all time the domestic work employee is
26suffered or permitted to work, whether or not required to do so.

27(f) “Live-in domestic work employee” means an employee who
28resides in the domestic work employer’s household at least five
29days per week and for whom the employer makes sleep
30accommodations available in compliance with Section 1457.

31(g) “Personal attendant” means any person employed by a
32private householder or by any third-party employer recognized in
33the health care industry to work in a private household, to
34supervise, feed, or dress a child, or a person who by reason of
35advanced age, physical disability, or mental deficiency needs
36supervision. The status of personal attendant shall apply when no
37significant amount of work other than the foregoing is required.
38For purposes of this subdivision, “no significant amount of work”
39means work other than the foregoing did not exceed 20 percent of
40the total weekly hours worked.

P8    1

1452.  

The Division of Labor Standards Enforcement shall
2enforce this part.

3

1453.  

(a) Any domestic work employee aggrieved by a
4violation of this part may bring an administrative action pursuant
5to Section 98 or may bring a civil action in a court of competent
6jurisdiction against the domestic work employer violating this part.

7(b) A domestic work employee who brings an action pursuant
8to this section and prevails shall be entitled to any legal or equitable
9relief permitted by law as may be appropriate to remedy the
10violation. A domestic work employee bringing a civil action
11pursuant to this section shall also be entitled to an award of
12reasonable attorney’s fees and costs, including expert witness fees.

13(c) The rights and remedies specified in this part are cumulative
14and nonexclusive and are in addition to any other rights or remedies
15afforded by contract or under other provisions of law. If a provision
16of Wage Order No. 15-2001 of the Industrial Welfare Commission
17or any other provision of law affords less protection to a domestic
18work employee, this part shall prevail. If a provision of Wage
19Order No. 15-2001 of the Industrial Welfare Commission or any
20other provision of law affords more protection to a domestic work
21employee, the wage order or provision of law shall prevail.

22(d) Notwithstanding any provision of this code or Section 340
23of the Code of Civil Procedure, to commence an action for a
24violation of this part a domestic work employee shall file an
25administrative or civil complaint within three years of the violation.

26 

27Chapter  2. Domestic Work Employee Rights
28

 

29

1454.  

begin insert(a)end insertbegin insertend insert A domestic work employee shall be compensated
30pursuant to Section 510 for all hours worked, except as provided
31begin insertin subdivision (b) or end insertin Section 1455 or 1456.

begin insert

32(b)  A domestic work employee who is a personal attendant
33shall be compensated as follows:

end insert
begin insert

34(1) Hours in excess of nine (9) hours in a day shall be
35compensated at one and one-half (1 1/2) times the employee’s
36regular rate of pay.

end insert
begin insert

37(2) Hours in excess of sixteen (16) hours in a day shall be
38compensated at two (2) times the employee’s regular rate of pay.

end insert
39

1455.  

(a) A domestic work employee who is a live-in employee
40or is required to be on duty for 24 consecutive hours or more shall
P9    1have a minimum of eight consecutive hours for uninterrupted sleep,
2except in an emergency.

3(b) If a domestic work employee is a live-in employee or is
4required to be on duty for 24 consecutive hours or more, the
5domestic work employer and the domestic work employee may
6agree in writing to exclude from hours worked a bona fide regularly
7scheduled sleeping period of not more than eight hours for
8uninterrupted sleep from hours worked, provided that the employee
9has eight hours free of duty and available for continuous,
10uninterrupted sleep and the domestic work employer otherwise
11complies with this section and Section 1457. If the sleeping period
12is interrupted by an emergency, only time spent working during
13the emergency constitutes hours worked. Absent a written
14agreement, the eight hours available for sleep shall constitute hours
15worked.

16

1456.  

If a domestic work employer who is a person with a
17disability needs to be accompanied by a personal attendant who
18is a domestic work employee when traveling out of town, all time
19spent accompanying the employer in transit, and all time attending
20to or under the control of the employer constitutes hours worked.
21Periods during which the personal attendant is completely relieved
22of duty, is not required to be at the same location as the employer,
23and that are long enough to enable the attendant to use the time
24effectively for his or her own purposes do not constitute hours
25worked. The employer and the employee may agree to exclude
26from hours worked a bona fide sleeping period of not more than
27eight hours, provided that there is a written agreement and the
28employee has eight hours free of duty and available for continuous,
29uninterrupted sleep.

30

1457.  

Any domestic work employee who is required to sleep
31in the private household of his or her employer shall be provided
32sleeping accommodationsbegin delete for full-time occupancyend delete that are
33adequate, decent, and sanitary according to usual customary
34standards. A domestic work employee shall be provided a room
35 separate from any household resident and shall not be required to
36share a bed.

37

1458.  

Sections 11 and 12 of Wage Order No. 15-2001 of the
38Industrial Welfare Commission shall apply to a personal attendant
39who is a domestic work employee.

P10   1

1460.  

A domestic work employer shall permit a domestic work
2employee who works five hours or more a day to choose the food
3he or she eats and to prepare his or her own meals. A domestic
4work employer shall permit a domestic work employee to use the
5job site’s kitchen facilities and kitchen appliances without charge
6or deduction from pay. If a domestic work employee is informed
7that a person in the household has bona fide health issues related
8to food, including, but not limited to, food allergies, or has religious
9or dietary restrictions that make presence of some foods
10unacceptable, the employee shall not eat or prepare that food in
11the household.

12

SEC. 3.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



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