BILL ANALYSIS Ó
SB 1015
Page 1
Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1015
(Leyva) - As Introduced February 11, 2016
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|Policy | Labor |Vote:| |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill deletes the January 1, 2017, repeal date on provisions
under the Domestic Worker Bill of Rights, thereby making the
overtime compensation for domestic workers requirement
permanent.
FISCAL EFFECT:
No significant state costs.
SB 1015
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COMMENTS:
1)Purpose. AB 241(Ammiano), Chapter 374, Statutes of 2013,
enacted the Domestic Worker Bill of Rights. This law entitles
a domestic work employee who is employed as a personal
attendant to overtime compensation, if the employee works in
excess of 9 hours in any workday or more than 45 hours in any
workweek, to be compensated at the rate of 1 times the
regular rate of pay. These provisions of law are set to
sunset on January 1, 2017. This bill removes the repeal date,
thereby making overtime compensation for domestic workers
permanent.
AB 241 also required the Governor to convene a committee to
study and report on the effects of this law on personal
attendants and their employers. The Labor and Workforce
Development Agency (LWDA) has convened meetings and solicited
input from stakeholders, but a report has not yet been
released. LWDA indicates that the report will be released
this summer.
2)Support. According to the sponsor, the California Domestic
Workers Coalition, domestic workers are primarily immigrant
women that, as a result of the uneven application of labor
laws, have been denied basic protections afforded to other
workers. Domestic workers often work around the clock to
fulfill the requests of their employers and meet the needs of
their own families. The unique nature of their work and
constant isolation permits unscrupulous employers to exploit
this hard-working labor force. The Coalition states that by
making the law permanent, the legislature will dignify this
profession, and the work of supporting our families, seniors,
and people with disabilities.
3)Opposition. The California Association for Health Services at
Home (CAHSAH) opposes this bill. CAHSAH is concerned with the
permanent extension of overtime compensation for domestic
SB 1015
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workers without knowing how the law has impacted the
employment of personal attendants that provide private home
care services to seniors and other frail Californians.
Disability Rights California (DRC) is also opposed to this
bill. They state the AB 241 debate was long and painful and
did not resolve the issues which should unite rather than
divide two groups: low-income personal care workers and
low-income people with disabilities who employ them. DRC
states they support the rights of workers to be treated
fairly, and also support the rights of people with
disabilities to live in their own homes, work and function in
their communities. Unfortunately, they state, 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. The DRC states 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.
Analysis Prepared by:Misty Feusahrens / APPR. / (916)
319-2081