BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 241
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 241 (Ammiano)
          As Amended  September 6, 2013
          Majority vote
           
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          |ASSEMBLY:  |45-25|(May 29, 2013)  |SENATE: |23-12|(September 11, |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    L. & E.  

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

           The Senate amendments  :

          1)Specify that "domestic work" does not include care of persons  
            in facilities providing board or lodging in addition to  
            medical, nursing, convalescent, aged or child care, including,  
            but not limited to, residential care facilities for the  
            elderly.

          2)Exempt from the definition of "domestic work employee" any  
            person who is employed pursuant to a voucher issued through a  
            regional center.

          3)Clarify that the exemption for casual babysitters applies to a  
            person whose employment is irregular or intermittent and is  
            not performed by an individual whose vocation is babysitting.

          4)Delete all of the substantive provisions of the bill related  
            to wages, hours and working conditions and instead provide  
            only that a domestic work employee who is a personal attendant  
            shall not be employed more than nine hours in any workday or  
            more than 45 hours in any workweek unless the employee  
            received one and one-half times the employee's regular rate of  
            pay for all hours worked in excess of those amounts.

          5)Require the Governor to convene a committee composed of  
            personal attendants or their representatives and the employers  
            of personal attendants or their representatives.  The  
            committee shall study and report to the Governor on the  
            effects these requirements have on personal attendants and  
            their employers.








                                                                  AB 241
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          6)Establish a January 1, 2017, sunset date on the bill's  
            provisions.

          7)Make other technical and conforming changes.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, the Department of Industrial Relations (DIR) would  
          incur ongoing staffing costs of $285,000 (special funds) to  
          review, investigate and resolve claims.  In addition, DIR would  
          incur one-time costs of $50,000 (special funds) to design,  
          prepare and post education materials and 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.  



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

          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.

          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 Educacion 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.








                                                                  AB 241
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          The sponsor states the following in support of this measure:   
          "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."

          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 home care industry  
          simply cannot absorb the additional increased labor costs  
          resulting from this bill.  The bill would drastically increase  
          the costs of home care and make live-in care completely  
          unaffordable.  
           

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


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