BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                        AB 241|
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                                    THIRD READING


          Bill No:  AB 241
          Author:   Ammiano (D), et al.
          Amended:  9/6/13 in Senate
          Vote:     21

           
           SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE  :  3-1, 6/26/13
          AYES:  Monning, Leno, Yee
          NOES:  Wyland
          NO VOTE RECORDED:  Padilla
           
          SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/30/13
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines
           
          ASSEMBLY FLOOR  :  45-25, 5/29/13 - See last page for vote


           SUBJECT  :    Domestic work employees:  labor standards

           SOURCE  :     California Domestic Workers Coalition


          DIGEST  :    This bill enacts the Domestic Worker Bill of Rights  
          to provide protections and regulate the wages, hours, and  
          working conditions of domestic work employees, as specified.

           Senate Floor Amendments  of 9/6/13 (1) delete the contents of the  
          bill almost entirely with the exception of the definitions  
          currently in the bill which define what constitutes a "domestic  
          work employee" and "domestic work employer," among others; (2)  
          specify that a domestic work employee who is a personal  
          attendant shall not be employed more than nine hours in any  
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          workday or more than 45 hours in any workweek, unless the  
          employee receives one and one-half times the employee's regular  
          rate of pay for all hours worked beyond the nine in one workday  
          or 45 in the workweek; (3) require the Governor to convene a  
          committee composed of personal and the employers of personal  
          attendants, and/or their representatives, to study and report to  
          the Governor on the effects that these provisions have on  
          personal attendants and their employers; (4) establish a 
          January 1, 2017 sunset date for these provisions, and as of that  
          date are repealed unless a later enacted statute deletes or  
          extends this sunset date; and (5) add Senator Block and Assembly  
          Members Fong and Weber as coauthors.

           ANALYSIS  :    Under existing law, it is the duty of the  
          Industrial Welfare Commission (IWC), within the Department of  
          Industrial Relations (DIR), to ascertain the wages, hours and  
          working conditions of employees in the state and promulgate  
          rules, regulations and orders to ensure that employers comply  
          with those provisions of law.  However, 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, meal and rest period rights and  
          safe and healthy working conditions.  

          Under existing law, the Division of Labor Standards Enforcement  
          (DLSE) and the Office of the Labor Commissioner were established  
          to adjudicate wage claims, investigate discrimination and public  
          works complaints, and enforce Labor Code statutes and IWC  
          orders. 

          This bill enacts the "Domestic Worker Bill of Rights" to provide  
          protections and regulate the wages, hours, and working  
          conditions of domestic work employees, as defined. 

          This bill enacts the "Domestic Worker Bill of Rights" to provide  
          protections and regulate the wages, hours, and working  
          conditions of domestic work employees, as specified.   
          Specifically, this bill: 

           1. Provides various definitions pertaining to domestic workers.

           2. Establishes employment rights for domestic work employees  
             that include rights to overtime compensation; meal and rest  
             periods; 8 hours of uninterrupted sleep, as specified; among  

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             others. 

           3. Provides that this bill shall be enforced by the DLSE.

           4. Provides for administrative or civil enforcement of this  
             bill, as specified, including remedies and attorney's fees  
             and costs to prevailing domestic work employees.

           5. Provides that a domestic work employee who is a personal  
             attendant shall be compensated for overtime hours worked in  
             excess of nine hours in one day at 1.5 times the employee's  
             regular rate of pay, and hours in excess of 16 hours in a day  
             shall be compensated at two times the employee's regular rate  
             of pay. 

           6. Requires the Governor to convene a committee composed of  
             personal and the employers of personal attendants, and/or  
             their representatives, to study and report to the Governor on  
             the effects that these provisions have on personal attendants  
             and their employers.

           7. Makes several legislative findings and declarations.   

           8. Establishes a January 1, 2017 sunset date.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

             DIR would incur ongoing staffing costs of $285,000 (special  
             funds) to review, investigate and resolve claims.
             DIR would incur one-time costs of $50,000 (special funds) to  
             design, prepare and post education materials.

             DIR would have one-time costs of approximately $50,000  
             (special funds) to update, print, mail, and process a new  
             wage order detailing the requirements of this bill.  

           SUPPORT  :   (Verified  9/6/13)

          California Domestic Workers Coalition (source)
          American Civil Liberties Union of California
          Anakbayan Silicon Valley

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          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 
          California Communities United Institute
          California Immigrant Policy Center
          California Nurses Association
          California Women's Agenda
          Center for Transformative Change
          Central Coast Alliance United for a Sustainable Economy
          Centro Laboral de Graton          
          Chinese Progressive Association    
          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
          Interfaith Coalition for Immigrant Rights
          Interfaith Council on Economics and Justice       
          Labor Project for Working Families
          Latino Union of Chicago
          Long Beach Immigrant Rights Coalition 
          Mujeres Unidas y Activas
          National Alliance for Filipino Concerns   
          National Domestic Workers Alliance
          Oakland Rising          
          Out4Immigration          
          People Organized to Win Employment Rights          
          Pilipino Workers Center of Southern California              
          Racial Justice Allies of Sonoma County         
          SEIU-United Healthcare Workers West
          Service, Immigrant Rights & Education Network      
          Sisters of GABRIELA, Awaken!          
          Temple Hashem
          Training Occupational Development Educating Communities
          Transnational Institute for Grassroots Research and Action        

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          Union Salvadorena de Estudiantes Universitarios               
          United Educators of San Francisco                  
          Young Workers United

           OPPOSITION  :    (Verified  9/6/13)

          24hr Home Care
          Addus HealthCare 
          Alta Home Care
          At Home Nursing Care
          California Association for Health Services at Home
          California Chamber of Commerce
          Care Plus Home Care
          Caring Solutions
          ComForcare Senior Services
          Comfort Keepers of Encino
          Comfort Keepers of Lomita
          Comfort Keepers of Orange
          Comfort Keepers of San Diego
          Craig Cares
          DialMED Home Care
          Disability Rights California
          Elder Care Guides
          Hired Hands Inc.
          Home Care Association of America-Northern California Chapter
          Home Instead - Santa Barbara
          Home Instead Senior Care - Monrovia 
          Home Instead Senior Care - Placentia
          Homecare California, Inc.
          Independent Nurse Consulting
          LivHOME Inc.
          Matched Care Givers Continuous Care
          Maxim Companion Services
          Medical Care Professionals
          Orange Chamber of Commerce
          Provident Care
          Res Care HomeCare
          Right at Home of Elk Grove
          Right at Home of Rancho Mirage 
          Right at Home of San Diego
          Right at Home of Sonoma County
          Right at Home of Ventura County 
          Senior Helpers-Caring In Home Companions

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          The Arc of California
          United Cerebral Palsy California Collaboration
          Visiting Angels Living Assistance Services - San Ramon 
          Visiting Angels Northeast Los Angeles and the West San Fernando  
          Valley 
          Visiting Angels Senior Homecare - Glendale 
          Young at Heart Family Services

           ASSEMBLY FLOOR  :  45-25, 5/29/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,  
            Bonilla, Bonta, Bradford, Brown, Ian Calderon, Campos, Chau,  
            Chesbro, Dickinson, Eggman, Fong, Frazier, Garcia, Gatto,  
            Gomez, Gonzalez, Gordon, Hall, Roger Hernández, Jones-Sawyer,  
            Lowenthal, Medina, Mitchell, Mullin, Nazarian, Pan, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Cooley, Dahle,  
            Donnelly, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones,  
            Logue, Maienschein, Mansoor, Melendez, Morrell, Nestande,  
            Olsen, Patterson, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Buchanan, Daly, Fox, Gray, Holden, Levine,  
            Linder, Muratsuchi, Perea, Vacancy


          PQ:k  9/9/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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