BILL ANALYSIS �
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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 Le�n, 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date are repealed unless a later enacted statute deletes or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 Hern�ndez, Jones-Sawyer,
Lowenthal, Medina, Mitchell, Mullin, Nazarian, Pan, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Weber, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Allen, Bigelow, Ch�vez, 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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