BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                       SB 1015|
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                                   THIRD READING 


          Bill No:  SB 1015
          Author:   Leyva (D) 
          Introduced:2/11/16  
          Vote:     21 

           SENATE LABOR & IND. REL. COMMITTEE:  4-1, 4/6/16
           AYES:  Mendoza, Jackson, Leno, Mitchell
           NOES:  Stone

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           SUBJECT:   Domestic work employees:  labor standards


          SOURCE:    California Domestic Workers Coalition

          DIGEST:  This bill deletes the January 1, 2017 repeal date on  
          the provisions under the Domestic Worker Bill of Rights which  
          requires the payment overtime compensation for domestic workers  
          after 9 hours in one day or after 45 hours a week, thereby  
          making the requirement permanent. 

          ANALYSIS:  
          
          Existing law:

          1)Requires, with some exceptions, including specified domestic  
            worker employees, employers to pay overtime compensation as  
            follows:

             a)   Work in excess of 8 hours in one workday or 40 hours in  
               any one workweek, and the first 8 hours worked on the 7th  
               day of work in any one workweek shall be compensated at the  








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               rate of no less than 1  times the regular rate of pay;
             b)   Work in excess of 12 hours in one day shall be  
               compensated at the rate of no less than twice the regular  
               rate of pay;
             c)   Work in excess of 8 hours on any 7th day of a workweek  
               shall be compensated at the rate of no less than twice the  
               regular rate of pay.

          2)Provides, under the Domestic Worker Bill of Rights, and until  
            a sunset date of January 1, 2017, a domestic work employee who  
            is employed as a  personal attendant is entitled to overtime  
            compensation, as follows:

             a)   Work in excess of 9 hours in any workday or more than 45  
               hours in any workweek shall be compensated at the rate of 1  
                times the regular rate of pay.

          3)Defines "domestic work employee" as an individual performing  
            domestic work and includes live-in employees and personal  
            attendants except, among others, the following:

             a)   A person performing services through the In-Home  
               Supportive Services program;
             b)   Specified family members and casual babysitters;
             c)   A person providing support services to the  
               developmentally disabled employed by a regional center or  
               the State Department of Developmental Services;
             d)   A person providing child care for someone receiving  
               services pursuant to programs authorized under the Child  
               Care and Development Services Act or the CA Work  
               Opportunity and Responsibility to Kids Act.

          4)Defines "personal attendant" as a person employed by a private  
            householder or by any third-party employer, to supervise,  
            feed, or dress a child, or a person who by reason of advanced  
            age, physical disability, or mental deficiency needs  
            supervision. 

          5)Requires the Governor to convene a committee composed of  
            personal attendants, employers of personal attendants or their  
            representatives to study and report to the Governor on the  
            effects of the domestic worker overtime requirements. 

          This bill deletes the January 1, 2017 repeal date on the  







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          provisions under the Domestic Worker Bill of Rights, thereby  
          making the overtime compensation for domestic workers  
          requirement permanent.

          Background 
          
          In 1938, the U.S. Congress enacted the Fair Labor Standards Act  
          introducing the forty-hour work week and establishing minimum  
          wage and overtime protections for workers, with some exceptions  
          including domestic workers and farmworkers. In 1974, Congress  
          extended FLSA coverage to workers who perform domestic service.  
          "Domestic workers" or "household workers" are generally  
          comprised of housekeepers, nannies and caregivers of children  
          and others, including the disabled and elderly, who work in  
          private households to care for the health, safety and well-being  
          of those under their care.  Until very recently, domestic  
          workers in California were excluded from the employer  
          requirement of overtime for hours worked beyond the state  
          minimum of 8 hours a day or 40 hours a week.  

          In 2012, through AB 889 (Ammiano), a grassroots effort began to  
          extend some of the most fundamental labor protections to  
          domestic workers.  The measure directed the Department of  
          Industrial Relations to adopt regulations governing the working  
          conditions of domestic work employees. Among other things, the  
          bill required the regulations to include provisions for overtime  
          compensation, meal and rest periods and uninterrupted sleep  
          periods and compensation for interruptions. AB 889 was vetoed by  
          Governor Brown who stated, among other things, the following:

            "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?  








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            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." 

          In 2013, AB 241(Ammiano, Chapter 374, Statutes of 2013) was  
          introduced to again attempt to extend these labor protections to  
          domestic workers. The measure, which passed and was signed by  
          Governor Brown, enacted the Domestic Worker Bill of Rights which  
          extends overtime compensation rights to domestic workers who are  
          personal attendants after 9 hours of work in one day and 45  
          hours a week. The provisions of AB 241 are set to sunset on  
          January 1, 2017. A bill is necessary to either extend the sunset  
          date or repeal it, making the provisions permanent in law. 

          This bill would repeal the January 1, 2017 sunset date on these  
          provisions.  The author and proponents believe that the law has  
          been successful and making the provisions permanent will improve  
          the domestic workers' ability to advocate for dignified  
          standards in their jobs. 

          Report on Overtime for Domestic Workers

          A key component of AB 241(Ammiano) was a requirement that the  
          Governor convene a committee composed of personal attendants,  
          their employers and/or their representatives to study and report  
          to the Governor on the effects of the domestic worker overtime  
          requirements; however, the bill was not specific on a due by  
          date for such reporting. The Department of Industrial Relations  
          has been conducting surveys to study the impacts on both the  
          domestic workers and their employers. At this point, there is no  
          set date for the release of these findings.  Reviewing the  
          findings of the DIR committee would be helpful in determining  
          whether a full repeal is adequate at this time. 
            
          The sponsors of this measure have conducted internal reviews and  







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          report the following:

          1)More clarity on required compensation for live-in workers  
            working 24/7; 
          2)Move from shifts longer than 12 hours, instead hiring multiple  
            workers;
          3)Some employers are delaying compliance to wait out the sunset  
            date.

          Related/Prior Legislation
          
          SB 1344 (Stone, 2016) proposes to add a sleep time exemption  
          from hours worked for purposes of overtime compensation for  
          live-in employees or 24-hour shift workers. SB 1344 is currently  
          pending in the Senate Labor and Industrial Realtions Committee. 

          AB 241 (Ammiano, 2013) enacted the Domestic Worker Bill of  
          Rights granting overtime compensation, until January 1, 2017, to  
          specified domestic workers after 9 hours in one day and 45 hours  
          a week. AB 241 by signed by Governor Brown. 

          AB 889 (Ammiano, 2012) would have required the adoption of  
          regulations governing specified working conditions of domestic  
          workers. AB 889 was vetoed by Governor Brown.


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


          SUPPORT:   (Verified4/19/16)


          California Domestic Workers Coalition (source)
          Ability NOWBay Area
          American Civil Liberties Union of California 
          American Federation of Teachers, Local 2121
          American Friends Service Committee's US/Mexico Border Program
          Anakbayan East Bay
          Asian Americans Advancing Justice-California
          Asian Health Services
          Asian Immigrant Women Advocates
          Asian Pacific American Labor Alliance
          Asian Pacific Islander Legal Outreach







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          Association of Filipino Workers
          Bend the Arc
          Binational Center for the Development of Oaxacan Indigenous  
          Communities
          Black Alliance for Just Immigration
          California Alliance for Retired Americans
          California Commission on Asian Pacific Islander American Affairs
          California Employment Lawyers Association
          California Faculty Association, San Francisco State Chapter 
          California Healthy Nail Salon Collaborative
          California Immigrant Policy Center
          California Immigrant Youth Justice Alliance
          California In-Home Supportive Services Consumer Alliance
          California Latinas for Reproductive Justice
          California Nurses Association
          California Partnership
          California Rural Legal Assistance Foundation 
          Californians for a Healthy and Green Economy
          Central American Resource Center/Centro de Recursos  
          Centroamericanos
          Central Coast Alliance United for a Sustainable Economy
          Central Florida Jobs with Justice
          Centro Cultural de Mexico
          Centro Legal de la Raza
          Centro Laboral de Graton
          Chinese for Affirmative Action
          Coalition for Humane Immigrant Rights of Los Angeles
          Community Coalition 
          Community Health for Asian Americans
          Community Housing Partnerships
          Council on American-Islamic Relations California
          Day Labor Center Hayward, Oakland, Tri-City, Tri-Valley
          Day Worker Center in Santa Cruz County
          Day Worker Center of Mountain View
          Dolores Street Community Services
          East Bay Alliance for a Sustainable Economy
          East Bay Organizing Committee
          El/La Para TransLatinas
          Episcopal Church of St. John the Evangelist
          Equal Rights Advocates
          Filipino Advocates for Justice
          Filipino Community Center
          Filipino Migrant Center
          Forward Together







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          Friends Committee on Legislation of California
          GABRIELA San Francisco
          Gray Panthers of San Francisco
          Hand in Hand: The Domestic Employers Network
          Home Green Home
          Immigrant Youth Coalition
          Institute of Popular Education of Southern California
          Interfaith Movement for Human Integrity
          International Longshore & Warehouse Union Local 6
          Jobs with Justice San Francisco
          KmB, Pro-People Youth
          Koreatown Immigrant Workers Alliance
          La Raza Centro Legal
          Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area
          Movement Generation Justice & Ecology Project
          Movement Strategy Center
          Mujeres Unidas Y Activas 
          National Domestic Workers Alliance
          National Employment Law Project
          National Network for Immigrant and Refugee Rights
          North Bay Immigrant Youth Union
          North Bay Jobs with Justice
          Oceanic Coalition of Northern California
          Office & Professional Employees International Union, Local 3
          Orange County Immigrant Youth United
          Pilipino Association of Workers and IM/Immigrants - Silicon  
          Valley
          Pilipino Workers Center of Southern California
          PolicyLink
          Pomona Economic Opportunity Center
          Progressive Workers Alliance of San Francisco
          PROSPERA Co-Ops: The Business of Empowerment
          Public Counsel
          Restaurant Opportunities Centers United
          Restaurant Opportunities Centers United-Los Angeles
          Sailors Union of the Pacific
          San Francisco Labor Council
          San Francisco Women against Rape
          Santa Clara County Wage Theft Coalition
          Save Midtown Tenants Association 
          SEIU - United Service Workers West
          SEIU California
          Senior and Disability Action







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          Services Immigrant Rights & Education Network
          Swiss Cheese Childcare Cooperative
          Temple Beth Hillel, North Hollywood 
          Temple Judea
          The Full Rights, Equality, and Empowerment San Francisco  
          Coalition
          The Greenlining Institute
          The Kitchen San Francisco
          The Women's Collective/La Colectiva de Mujeres
          UNITE HERE! 
          United Domestic Workers of America - AFSCME LOCAL 3930/ AFL-CIO
          United Educators of San Francisco
          Voices for Progress
          Wage Justice Center
          Western Center on Law and Poverty
          Women's Employment Rights Clinic of Golden Gate University  
          School of Law
          WorkSafe
          Young Workers United
          PODER!
          9 to 5 Los Angeles 
          5-individuals


          OPPOSITION:   (Verified4/19/16)


          AAA T.L.C. Health Care, Inc.
          California Association for Health Services at Home 
          Care to Stay Home 
          Comfort Keepers
          Disability Rights California 
          Innovative Healthcare Consultants
          3-individuals


          ARGUMENTS IN SUPPORT:      According to proponents, in  
          California there are 300,000 domestic workers who serve as  
          housekeepers, nannies, and caregivers in private homes. Domestic  
          workers are primarily immigrant women who work in private  
          households enabling others to participate in the workforce.  
          However, despite the importance of their work, domestic workers  
          have historically received wages well below the poverty line and  
          were excluded from some of the most fundamental labor  







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          protections other California workers enjoy. According to  
          proponents of this measure, since the passage of the Domestic  
          Worker Bill of Rights, domestic workers have reported growth in  
          their confidence, with their work affirmed as legitimate work,  
          and an improved ability to advocate for dignified working  
          conditions.  They argue that by making the law permanent, the  
          legislature will dignify this profession and ensure fair and  
          just standards for workers that will result in better care for  
          both the workers and the people they attend to.    


          ARGUMENTS IN OPPOSITION:  Opponents of the measure argue that  
          eliminating the sunset date on the overtime provisions are  
          premature as the impact study that was mandated by AB 241 has  
          not been released and the work continues to collect and analyze  
          all the data. Proponents further argue that AB 241 lumped  
          low-income people with disabilities, who rely on their  
          attendants for their survival and functioning, with wealthy  
          people who could do their own chores but have money enough to  
          hire somebody else to do them.  They argue that the burdens are  
          not equal and the effects of the bill are not equal, as there  
          are people with disabilities who spend half their incomes paying  
          privately for their attendants, because their gross income does  
          not qualify them for government programs. They argue that the  
          claim that AB 241 has been a great success does not seem to be  
          supported by any data on its effect on people with disabilities.  
           


          According to the California Association for Health Services at  
          Home (CAHSAH), this study is especially important for seniors  
          who struggle to pay for home care, particularly if they require  
          24-hour live-in assistance. According to CAHSAH, they have heard  
          from home care providers, their caregivers, clients and family  
          members about the serious negative consequences that have  
          resulted from AB 241, including the following: 

           Families are faced with difficult decisions about how to  
            afford care and keep the continuity of care consistent. 
           Many seniors with dementia are experiencing the confusion of  
            having multiple caregivers in their home. 
           Caregivers have lost schedule flexibility.
           Caregivers who were accustomed to living in the client's homes  
            lost their ability to live rent-free and have had their income  







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            significantly reduced.
           Home care providers are having difficulty finding enough  
            caregivers.
           Many seniors and frail individuals are being forced out of  
            their homes into residential care facilities.
           Many agencies have cut back on the overtime by giving personal  
            attendants 8-hour shifts instead of 12-hour shifts. 


          Prepared by:Alma Perez-Schwab / L. & I.R. / (916) 651-1556
          4/20/16 15:43:42


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