BILL ANALYSIS                                                                                                                                                                                                    Ó




                                                                  AB 241
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          Date of Hearing:   April 24, 2013

                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
                               Roger Hernández, Chair
                    AB 241 (Ammiano) - As Amended:  March 19, 2013
           
          SUBJECT  :   Domestic work employees: labor standards.

           SUMMARY :   Enacts the "Domestic Worker Bill of Rights" to  
          provide labor protections to domestic work employees, as  
          specified.  Specifically,  this bill  :

          1)Defines "domestic work" to mean services related to the care  
            of persons in private households or maintenance of private  
            households or their premises.

          2)Defines "domestic work employee" as an individual who performs  
            domestic work (including live-in domestic work employees and  
            personal attendants).  

          3)Excludes from the definition of "domestic work employee" any  
            of the following:

             a)   Any person who performs services through the In-Home  
               Supportive Services (IHHS) program.

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

             c)   Any person under 18 years of age who is employed as a  
               babysitter for a minor child.

             d)   Any person employed as a "casual babysitter" for a minor  
               child, as defined.

             e)   Any person employed by a licensed health facility.

             f)   Any person who is employed or contracts with an  
               organization vendored or contracted through a regional  
               center or the Department of Developmental Services, as  
               specified.

             g)   Any person who provides child care and is exempt from  
               licensing, if the parent or guardian of the child receives  









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               services pursuant to specified programs.

          4)Defines 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, and excludes the following:

             a)   The State of California or an individual who receives  
               domestic work services through the IHSS program or who is  
               eligible for that program based on his or her income.

             b)   An employment agency that operates solely to procure,  
               offer, refer, provide, or attempt to provide work to  
               domestic workers, as specified.

             c)   A licensed health facility.

          5)Provides that a domestic work employee shall be compensated  
            for overtime as provided for most other employees under  
            existing law, with the following exceptions:

             a)   A domestic work employee who is a live-in employee or is  
               required to be on duty for 24 consecutive hours or more  
               shall have a minimum of eight consecutive hours for  
               uninterrupted sleep, except in an emergency.  Any time  
               worked during an emergency constitutes hours worked.

             b)   If a domestic work employee is a live-in employee or is  
               required to be on duty for 24 consecutive hours or more,  
               the domestic work employer and the domestic work employee  
               may agree in writing to exclude from hours worked a bona  
               fide regularly scheduled sleeping period of not more than  
               eight hours for uninterrupted sleep, as specified.  Absent  
               a written agreement, the eight hours available for sleep  
               shall constitute hours worked.

          6)Provides that if a personal attendant must accompany a person  
            with a disability when traveling out of town, time spent  
            accompanying the person in transit and attending to or  
            carrying out the directives of the person constitutes hours  
            worked, as specified.

          7)Provides that any domestic work employee who is required to  
            sleep in the private household of his or her employer shall be  
            provided sleeping accommodations that are adequate, decent,  









                                                                  AB 241
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            and sanitary according to usual customary standards, shall be  
            provided a room separate from any household resident and shall  
            not be required to share a bed.

          8)Provides that existing meal and rest period requirements shall  
            apply to personal attendants.

          9)Requires an employer to permit a domestic work employee to  
            choose the food he or she eats and to prepare his or her own  
            meals, as specified.

          10)Provides that after one year of work with the same employer,  
            a domestic worker shall be entitled to paid days of rest, as  
            specified.

          11)Provides that these provisions shall be enforced by the  
            Division of Labor Standards Enforcement (DLSE).

          12)Provides for administrative or civil enforcement of these  
            provisions, as specified, including remedies and attorney's  
            fees and costs to prevailing domestic work employees.

          13)Eliminates the current requirement that domestic workers must  
            work at least 52 hours and earn more than $100 from the  
            employer in the previous 90 days to be eligible for worker's  
            compensation coverage, and makes related changes.

          14)Makes other related and conforming changes.

          15)Makes related legislative findings and declarations.

           FISCAL EFFECT  :   Unknown



           COMMENTS  :   This bill proposes to enact the "Domestic Worker  
          Bill of Rights."

           General Background on Domestic Workers
           
          "Domestic workers" or "household workers" are generally  
          comprised of housekeepers, nannies and caregivers of children  
          and others who work in private households to care for the  
          health, safety and well-being of those under their care.










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          A recent study generally summarizes the general status of  
          domestic workers as follows:

               "[Domestic] workers work in the private homes of their  
               employers, performing tasks such as in-home child, patient,  
               and elder care, housework, and cooking. They are primarily  
               female immigrants; some live in the home of their employer  
               working around the clock, while others work in various  
               households where the work is temporary and sporadic. Many  
               are 'unaffiliated' workers, meaning they have no connection  
               to a hiring or temporary agency. The independent, private,  
               often isolated nature of domestic labor means that  
               household workers often lack information about their rights  
               or knowledge of the laws of this country and are frequently  
               exploited by employers. Those who are undocumented live in  
               constant fear of being deported. While supporting their  
               employers' homes and families, household workers frequently  
               find themselves working in substandard and often  
               exploitative conditions, earning poverty wages too low to  
               support their own families, and lacking access to basic  
               health care. Their vulnerable situation subsidizes the  
               productivity and affluence of the U.S. economy and yet this  
               occupation is little understood and marginalized by the  
               larger society and policymakers."<1>

          Advocates contend that domestic workers often labor under harsh  
          conditions, work long hours for low wages without benefits or  
          job security, and face termination without notice or severance  
          pay leaving many suddenly without income.  In the worst cases  
          domestic workers are verbally and physically abused or sexually  
          assaulted, and stripped of their privacy and dignity.

           Treatment Under Federal and State Labor Laws
           
          In general, domestic workers are largely excluded from some of  
          the more basic protections afforded to other workers under state  
          and federal law, including the rights to overtime wages, safe  
          and healthy working conditions, workers' compensation,  
          employment discrimination and the right to engage in collective  
          bargaining.

          ---------------------------
          <1> "Behind Closed Doors: Working Conditions of California's  
          Household Workers."  Mujeres Unidas y Activas, Day Labor Program  
          Women's Collective of La Raza Centro Legal, Data Center (March  
          2007), p. 2.








                                                                  AB 241
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          One useful analysis includes the following overview of the  
          treatment of domestic workers uder California law:

               "In California, 'all persons employed in household  
               occupations, whether paid on a time, piece rate,  
               commission, or other basis' are entitled to be paid the  
               state minimum wage. Live-in domestic workers cannot be  
               charged for food or housing without a voluntary, written  
               agreement. Like its federal counterpart, California wage  
               and hour laws exclude personal attendants.  However,  
               personal attendants, whether live-in or not, are entitled  
               to the California minimum wage if they spend more than  
               twenty percent of their time doing other housework.

               Non-live-in domestic workers are entitled to overtime pay  
               under California law under the same conditions as under  
               federal law; however, in California such workers are also  
               entitled to rest periods.  Ten minute rest periods and a  
               thirty minute meal period are considered on-duty and  
               counted as time worked, unless the employee is relieved of  
               all duty during the meal period.

               Live-in domestic workers are entitled to overtime only if  
               they work more than nine hours in a workday or if they work  
               on the sixth or seventh workday. These workers must be  
               given at least 12 consecutive off-duty hours on any  
               workday. Work during off duty time is compensable as  
               overtime. Personal attendants are not entitled to meal  
               breaks or rest breaks.

               All domestic workers in California are entitled to be free  
          from sexual harassment.

               Many domestic workers are entitled to workers' compensation  
               benefits if they are injured on the job. To qualify for  
               benefits under California's Worker Compensation Law,  
               domestic workers must work more than 52 hours during the 90  
               days prior to injury and must have earned $100 or more  
               during the same 90 days.

               Though rights and protections are relatively broad in  
               California, domestic workers still do not enjoy the full  
               complement of employment protections provided to most of  
               the state's workers. Domestic workers may suffer  
               discrimination, since California's Fair Employment and  









                                                                  AB 241
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               Housing Act only prohibits employers with five or more  
               employees from discrimination on the basis of race, sex,  
               religion, national origin, pregnancy, age, disability,  
               marital status, sexual orientation, gender identity, or on  
               the basis of an English only policy.  California  
               occupational safety and health law excludes 'household  
               domestic service.'  Domestic workers who provide 'domestic  
               service in a private home' are excluded from obtaining  
               unemployment insurance benefits unless the worker was paid  
               $1000 or more in any calendar quarter in the calendar year  
               or the preceding year.  Undocumented immigrant workers are  
               not eligible to collect unemployment insurance in  
               California.

               California employment and labor law provides most domestic  
               workers with minimum wages and maximum hours, workers'  
               compensation for injuries on the job, and protection from  
               sexual harassment.  However, domestic workers in California  
               are left without many of the basic legal protections  
               afforded to other workers in this state."<2>






           Spotlight on Overtime Protection Under California Law
           
          As discussed above, some domestic workers are excluded from  
          certain labor and employment law protections under California  
          law.  However, the payment of overtime is one particular issue  
          of disparity that has garnered significant attention in recent  
          years - and is therefore worth addressing in some detail.

          Under existing law for most non-exempt employees, any work in  
          excess of eight hours day, in excess of 40 hours a week, and the  
          first eight hours on the seventh day of work must be compensated  
          at no less than one and one-half times the regular rate of pay.   
          Existing law also requires that any work in excess of 12 hours a  
          day and in excess of eight hours on the seventh day of work are  
          to be compensated at no less than twice the regular rate of pay.
          ---------------------------
          <2> Left Out: Assessing the Rights of Migrant Domestic Workers  
          in the United States, Seeking Alternatives."  Human Rights  
          Center, UC Berkeley International Human Rights Clinic, Boalt  
          Hall School of Law (November 2003), pp. 5-7.








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           Treatment of "Personal Attendants" Under the Industrial Welfare  
          Commission Wage Orders
           
               1.         IWC Wage Order 15  

          IWC Wage Order 15 applies to "household occupations," defined as  
          all services related to the care of persons or maintenance of a  
          private household or its premises by an employee of a private  
          householder.

          In 1976, the Industrial Welfare Commission (IWC) adopted a  
          complete exemption from the Wage Order 15 overtime provisions  
          and other requirements of the Wage Order for individuals  
          employed as "personal attendants."  In 1986, the IWC expanded  
          the Wage Order 15 "personal attendant" exemption to include  
          third party employers recognized in the health care industry.   
          The minimum wage exemption was eliminated on January 1, 2001  
          thereby entitling "personal attendants" to the state minimum  
          wage for all hours worked.  However, a complete overtime  
          exemption and exemption from most other provisions continue to  
          exist for "personal attendants" under  Wage Order 15 

          Under Wage Order 15, "personal attendants" are defined as  
          including:

               "babysitters and means any person employed by a private  
          householder or by 
               any third party employer recognized in the health care  
          industry to work in a 
               private household, to supervise, feed, or dress a child or  
          person who by reason 
               of advanced age, physical disability, or mental deficiency  
          needs supervision."

          "Personal attendants" are completely exempt from the general  
          overtime requirements of Wage Order 15.   Therefore, under the  
          Wage Order, "personal attendants" are only required to be paid  
          straight-time for all hours worked, regardless of whether they  
          work more than eight hours in a day or 40 hours in a week.

          Wage Order 15 also specifies that the status of "personal  
          attendant" shall apply when no significant amount of work other  
          than the foregoing is required.  This limitation is intended to  
          prevent the overtime exemption from applying to employees who  









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          work in households but who are not "personal attendants".  Under  
          this limitation, an employee who performs some of the work of a  
          "personal attendant" but also a significant amount of other work  
          falls outside of the exemption.

          A 2005 opinion letter issued by the Division of Labor Standards  
          Enforcement (DLSE) that sought to clarify the definition of  
          "personal attendants" under Wage Order 15 stated the following:

               "We cannot provide you with a comprehensive list of  
          acceptable duties for
               a personal attendant.  However, it is instructional, and  
          not inconsistent with
               the long standing DLSE position, to consider those duties  
          included by the U.S.
               Department of Health and Human Services National Center for  
          Health Statistics'
               definitions for activities of daily living.  Such  
          activities relate to personal care
               and include, but are not limited to, such duties as  
          bathing, showering, getting in
               or out of a bed or chair and using a toilet.  'Supervising'  
          may also include
               assistance in obtaining medical care, preparing meals,  
               managing money, shopping for groceries and personal items,  
               using a telephone or performing housework when such  
               activities are related to the independent living of the  
               person and cannot be performed by him or herself alone due  
               to a health or age limitation.  It must be noted, however,  
               that any general housekeeping duties performed should not  
               exceed 20% of the weekly working time spent by the personal  
               attendant to maintain his or her exemption under IWC Wage  
               Order 15." 

          Wage Order 15 also has specific provisions related to "live-in"  
          household employees who are not "personal attendants."  First,  
          Wage Order 15 specifies that a live-in employee shall have at  
          least 12 consecutive hours free of duty during each workday of  
          24 hours, and the total span of hours for a workday shall be no  
          more than 12 hours.  Wage Order 15 also specifies that a live-in  
          employee shall have at least three hours free of duty during the  
          12 hour span of work.  Finally, a live-in employee who works  
          during scheduled off-duty hours or during the 12 consecutive  
          off-duty hours is entitled to overtime for such hours.










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          The net result is that a live-in employee essentially works a  
          nine hour day and is entitled to overtime at time and one-half  
          beyond nine hours per day.  On the sixth and seventh days, the  
          employee is entitled to time and one-half for the first nine  
          hours and double time after nine hours.  However, as discussed  
          above, an employee who is a "personal attendant" is completely  
          exempt from overtime under Wage Order 15.

               3.         Federal Exemption for "Companions"  

          It may also be useful to point out the federal exemption for  
          "companions" under the Fair Labor Standards Act (FLSA), which in  
          some respects is much broader than the exemption under state  
          law.

          The FLSA provides an exemption to minimum wage and overtime  
          requirements for individuals employed in domestic service  
          employment to provide babysitting services on a casual basis, or  
          to provide companionship services for individuals who are unable  
          to care for themselves because of age or infirmity.  Companion  
          services include "those services which provide fellowship, care  
          and protection for a person who, because of advanced age or  
          physical or mental infirmity, cannot care for his or her own  
          needs.  It does not include services that require and are  
          performed by trained personnel, such as a registered nurse or a  
          practical nurse.  The federal companionship exemption affects  
          only employees caring for the elderly or "infirm;" it does not  
          cover employees such as nannies hired to care for children in  
          the private household who do not fall within California's  
          personal attendant exemption.

          FLSA regulations state that companionship services may include  
          household work related to the care of the aged or infirm person  
          such as meal preparation, bed making, washing clothes, and other  
          similar services.  Companions may perform general household work  
          as long as such work is incidental and does not exceed 20  
          percent of the total weekly hours worked.  Household work  
          related to the care of the individual is not counted towards  
          this 20 percent limitation.

               4.    Overtime Summary  

          If the previous description of the overtime rules has thoroughly  
          confused the reader of this analysis, the sponsor of this  
          legislation has provided the following chart, which may clarify  









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          the applicable state and federal overtime rules:

           ------------------------------------------------------------ 
          |                          |CA overtime     |Federal Law     |
          |--------------------------+----------------+----------------|
          |                          |                |                |
          |--------------------------+----------------+----------------|
          |Domestic Workers -        |No              |Only Live-Out   |
          |caregivers                |                |Nannies -       |
          |Those who care for child, |                |40/wk.          |
          |elderly, ill, person with |                |                |
          |disabilities etc. -       |                |                |
          |"Live-In or Live-Out"     |                |                |
          |                          |                |                |
          |                          |                |                |
          |                          |                |                |
          |--------------------------+----------------+----------------|
          |"Live-in" domestic worker |Yes - "9/45     |                |
          |                          |rule"           |                |
          | (e.g., cook, cleaner,    |IWC Wage Order  |                |
          |gardener, nanny or        |15 Sec. 3(A)    |                |
          |caregiver significant     |                |                |
          |amount/ 20% general       |                |                |
          |housekeeping duties)      |                |                |
          |--------------------------+----------------+----------------|
          |                          |                |                |
          |--------------------------+----------------+----------------|
          |"Live-out" domestic       |Yes - Labor     |                |
          |worker who (e.g., cook,   |Code "8/12/40   |                |
          |cleaner, gardener,        |rule"           |                |
          |live-out nanny or         |                |                |
          |caregiver that does more  |(Labor Code §   |                |
          |than 20% general          |510)            |                |
          |housekeeping duties)      |                |                |
           ------------------------------------------------------------ 

           RECENT PROPOSED FEDERAL REGULATORY CHANGES

           Recently, the federal government (through the United States  
          Department of Labor) has proposed key changes to the regulations  
          governing "companions."  Among other things, the proposed  
          changes would provide that: (1) third party employers of  
          domestic workers who care for elderly and those with  
          disabilities in a private household would now be covered by  
          federal weekly overtime requirements; and (2) the definition of  
 








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          companionship services would be significantly narrowed such that  
          far fewer caregivers for the elderly and people with  
          disabilities would qualify as companions exempt from minimum  
          wage and overtime.   Live-in caregivers hired directly by the  
          household would continue to be exempt from overtime as live-in  
          employees, but would be entitled to minimum wage if they fall  
          outside the narrowed companion exemption.  
           


          PRIOR OVERSIGHT HEARING  

          On June 9, 2010, this Committee convened an oversight hearing  
          entitled, "Behind Closed Doors: Working Conditions of California  
          Domestic Workers."  That hearing featured testimony by domestic  
          workers, academics, lawyers, worker advocates, public health  
          officials and others.  The hearing explored in detail the  
          working conditions of domestic workers in California and the  
          status of state and federal laws that apply (or do not apply) to  
          domestic workers.
           
          PRIOR NEW YORK STATE LEGISLATION  :

          On July 1, 2010, the New York State Legislature passed a  
          domestic worker "bill of rights."  The bill was signed by  
          Governor Paterson on August 31, 2010 and went into effect on  
          November 29, 2010.

          Among other things, the New York statute:

                 Establishes an eight hour workday and overtime after 40  
               hours a week for live-out domestic workers (44 hours for  
               live-in domestic workers).
                 Provides for one day of rest each calendar week.
                 Provides for three paid days off after one year of  
               employment.
                 Establishes protection against workplace discrimination  
               based on race, gender, sexual orientation, national origin,  
               disability, marital status and domestic violence victim  
               status.
                 Establishes protection against sexual harassment by the  
               employer.

          It should be noted that under the New York legislation the term  
          "domestic worker" is defined to exclude any worker who provides  









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          companionship services and "who is employed by an employer or  
          agency other than the family or household using his or her  
          services."

           ARGUMENTS IN SUPPORT  :

          This bill is sponsored by the California Domestic Workers  
          Coalition, which is comprised of a number of organizations,  
          including the following: Centro Labor de Graton, Coalition for  
          Human Immigrant Rights of Los Angeles, Filipino Advocates for  
          Justice, Instituto de Education Popular del Sur de California,  
          Mujeres Unidas y Activas, Pilipino Workers Center, San Francisco  
          Day Labor Program, and the Women's Collective of La Raza Centro  
          Legal.

          The sponsor states the following in support of this measure:

               "California is home to nearly 200,000 domestic workers.   
               This mostly female population provides a wide range of  
               services inside our homes.    Some workers ease the pain of  
               illness and injury; others are the bridge to independent  
               living of our grandparents, and many are full partners in  
               parenting our children. Domestic workers enable family  
               members to carry on with their own businesses, employment,  
               or other work-related obligations for millions of families  
               across the United States. 

               Unfortunately, domestic workers are often the unseen worker  
               and as a result suffer various abuses, often hidden in the  
               private homes of their employers. Some workers suffer  
               egregious labor violations: no rest and meal breaks;  
               working consecutive days without any time off; and wage  
               theft which is a common experience leaving these women  
               without the financial means to care for their own children.  


               Workers have come forward with their personal stories of  
               physical and emotional abuse at the hands of their  
               employers. Many victims are too scared to break their  
               silence. Due to this fear of retaliation or job loss, there  
               is no real handle on the extent of these violations. 

               The roots of these injustices are many.  However, one key  
               dynamic underscores all aspects of this population- a  
               belief that their work - of women's work - is somehow less  









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               valuable and less deserving of protection. 

               The campaign to adopt a California Domestic Worker Bill of  
               Rights attempts to address one core principle: domestic  
               workers deserve equal treatment under the law. 

               Unfortunately, California suffers from a unique and  
               confounding contradiction: Domestic workers who care for  
               property such as landscaping or housekeeping are generally  
               entitled to overtime.  Those domestic workers who care for  
               children, the infirm, the elderly, and those with  
               disabilities do not.  The California Domestic Worker Bill  
               of Rights attempts to correct this injustice."

           ARGUMENTS IN OPPOSITION  :

          Opponents, including the California Association for Health  
          Services at Home (CAHSAH) and numerous individual home care  
          companies and other individuals, argue that this bill would  
          significantly impact their ability to provide affordable care to  
          elderly clients or clients with disabilities and would make it  
          very difficult to provide care to those needing around the clock  
          assistance.

          Opponents contend that the homecare industry simply cannot  
          absorb the additional increased labor costs resulting from this  
          bill.  The bill would drastically increase the costs if home  
          care and make live-in care completely unaffordable.  Opponents  
          contend that live-in rates would more than double - a cost that  
          clients clearly will not pay when they can receive the same  
          services from the "underground economy" and pay cash for a  
          fraction of the cost.

          In addition, the California Chamber of Commerce states the  
          following in opposition to this measure:

               "The wage and hour burden this bill creates on individual  
               homeowners as well as third-party employers is significant,  
               and unprecedented. As opposed to current law, this bill  
               would require individual homeowners as well as the  
               third-party employer of domestic work employees, including  
               nannies and/or caregivers, to ensure that such employees  
               are (1) provided with a duty-free, 30-minute meal period at  
               or before five hours of work; (2) given the opportunity to  
               take a 10-minute, uninterrupted rest period at or before  









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               four hours of work; (3) obtain workers' compensation  
               coverage; and (4) provide paid vacation, calculated  
               according to the average hours worked each year. Failure to  
               comply with any of these requirements would subject the  
               homeowner as well as the third-party employer to costly  
               statutory penalties and litigation, including an employee's  
               right to attorneys' fees.
           
               "As demonstrated by the overwhelming number of employment  
               lawsuits filed on a daily basis in California,  
               sophisticated businesses, with professional human resources  
               staff and employment attorneys, struggle with the proper  
               implementation of the onerous California-only wage and hour  
               requirements. [This bill] would expand this burden onto  
               individual homeowners, who are simply seeking to hire  
               assistance in the care for their children or elderly loved  
               ones. The detrimental impact of this potential liability  
               will create one of two problems: (1) discourage any  
               homeowner from retaining the services of 'domestic work  
               employees,' thereby increasing the unemployment rate in  
               California; or (2) force such homeowners and third-party  
               employers to enter into the underground economy, as  
               compliance with these requirements would simply be too  
               costly. Either scenario will only serve to further harm  
               California's economy, and create additional financial  
               problems than those already plaguing the state." 

          Finally, opponents note that Governor Brown vetoed similar  
          legislation last year over the "economic and human impact on the  
          disabled or elderly persons and their families."  [See veto  
          message of AB 889 below.]  

           PRIOR AND RELATED LEGISLATION  :

          The provisions of this bill are similar some of the provisions  
          contained in the introduced version of AB 889 (Ammiano) of 2012.  
           However, AB 889 was subsequently amended to require the  
          Department of Industrial Relations to adopt regulations  
          governing specified working conditions of domestic work  
          employees.  AB 889 was vetoed by Governor Brown, who stated the  
          following in his 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  









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               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  
               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."

          HR 11 (Ammiano) of 2011 recognized March 30th as International  
          Domestic Workers' Day.  HR 11 was heard before this Committee on  
          March 30, 2011.

          ACR 163 (V. Manuel Perez) of 2010 encouraged greater protections  
          in federal and state law for domestic workers.










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          AB 2536 (Montanez) of 2006, as introduced, would have eliminated  
          the overtime exemption under California law for most "personal  
          attendants."  There was significant opposition, and the bill was  
          subsequently narrowed to generally apply only to nannies.

          AB 2536 was vetoed by Governor Schwarzenegger, who stated the  
          following in his veto message:

               "This bill would require overtime payment for personal  
               attendants who are nannies.  The existing overtime  
               exemption was intended to keep these jobs above ground and  
               to allow those in need of such services to find assistance  
               at a price they can afford.  Removing this exemption would  
               dramatically increase the costs of these attendants and  
               potentially drive employment underground.

               I am also concerned that this bill creates new liquidated  
               damages penalties against employers of all household  
               workers, not merely nannies.  In short, this bill subjects  
               seniors and the severely disabled who hire household  
               workers to a new cause for civil litigation.  Given the  
               increase in frivolous labor law litigation in recent years,  
               I cannot support subjecting seniors and the disabled to  
               additional liability."

          ACR 141 (Cedillo) of 2000 declared March 30 as Domestic Worker  
          Appreciation Day in recognition of all domestic workers for  
          their hard work and dedication, their contribution to the  
          stability and well-being of the Californian family household,  
          and their often overlooked contributions to California's  
          economy.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 

           9 to 5
          Alameda Labor Council
          American Civil Liberties Union
          Anakbayan Silicon Valley
          Asian Americans for Civil Rights and Equality
          Asian Pacific American Labor Alliance
          Asian Pacific American Legal Center of Southern CA
          Asian Pacific Environmental Network
          Babae San Francisco









                                                                  AB 241
                                                                  Page Q
          Bay Area Childcare Collective
          California Alliance for Retired Americans
          California Communities United Institute
          California Domestic Workers Coalition (sponsor)
          California Federation of Teachers
          California Immigrant Policy Center
          California Labor Federation, AFL-CIO
          California National Organization for Women
          California Nurses Association/National Nurses Organizing  
          Committee
          California Rural Legal Assistance Foundation
          California Women's Agenda
          Center for Transformative Change
          Central Coast Alliance United for a Sustainable Economy
          Centro Laboral de Graton
          Chinese for Affirmative Action
          Chinese Progressive Association
          City and County of San Francisco Immigrant Rights Commission
          Clergy and Laity United for Economic Justice, LA
          CLUE CA
          Coleman Advocates for Children and Youth
          Community United Against Violence
          Dignidad Rebelde
          Dolores Street Community Services
          East Bay Alliance for a Sustainable Economy
          East Bay Interfaith Committee for Worker Justice
          End DV Counseling and Consulting
          Filipino Advocates for Justice
          Filipino Migrant Center 
          Forward Together
          GABRIELA USA
          Gray Panthers of San Francisco
          Hand in Hand: Domestic Employers Association
          Interfaith Coalition for Immigrant Rights
          Interfaith Council on Economics and Justice
          International Longshore 7 Warehouse Union 
          Labor Project for Working Families
          Latino Union of Chicago
          Long Beach Immigrant Rights Coalition 
          Los Angeles County Federation of Labor, AFL-CIO
          Mexican American Legal Defense and Educational Fund
          Mujeres Unidas y Activas
          National Alliance for Filipino Concerns
          National Council of La Raza
          National Domestic Workers Alliance









                                                                  AB 241
                                                                  Page R
          National Lawyers Guild Labor & Employment Committee
          North Coast Coalition for Palestine
          Numerous Individuals
          Oakland Rising
          Out4Immigration
          People Organized to Win Employment Rights
          Pilipino Workers Center of Southern California
          PolicyLink
          Racial Justice Allies of Sonoma County
          San Francisco Labor Council
          SEIU-United Healthcare Workers West
          Service, Immigrant Rights & Education Network
          Silicon Valley Independent Living Center
          Sisters of GABRIELA, Awaken!
          Temple Hashem
          The Women's Foundation of California
          Training Occupational Development Educating Communities
          Transnational Institute for Grassroots Research and Action
          UAW Local 2865
          Union Salvadorena de Estudiantes Universitarios
          UNITE HERE Local 2
          UNITE HERE Local 2850
          United Educators of San Francisco
          Worksafe
          Young Workers United

           Opposition 
           
          AAA T.L.C. Health Care, Inc.
          Addus HealthCare
          At Home Care Solution
          AVISA HOME CARE, INC
          Bojohome, Inc.
          California Association for Health Services at Home
          California Chamber of Commerce
          Care To Stay Home
          CarenetLA
          Caring Hands Caregivers
          Comfort Keepers
          Comfort Keepers, Southbay
          Good Company Senior Care
          Home & Health Care Management
          Home Care Association of America, Northern California Chapter
          Home Helpers & Direct Link of San Mateo County
          Home Instead Senior Care









                                                                  AB 241
                                                                  Page S
          Homecare California
          HomeCare Professional, Inc.
          Inland Empire Home Health & Hospice
          Matched CareGivers Continuous Care
          Maxim Healthcare Services
          Numerous Individuals
          OptionONE
          Pacific Coast Homecare
          Pioneer Home Health Care, Inc.
          Right at Home
          Sequoia Senior Solutions
          Support for Home Health Care
          The Accredited Family of Home Care Services
          Visiting Angels
           

          Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091