BILL ANALYSIS Ó SB 1015 Page 1 SENATE THIRD READING SB 1015 (Leyva) As Introduced February 11, 2016 Majority vote SENATE VOTE: 25-10 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Labor |5-2 |Roger Hernández, Chu, |Patterson, Linder | | | |McCarty, O'Donnell, | | | | |Thurmond | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |14-5 |Gonzalez, Bloom, |Bigelow, Gallagher, | | | |Bonilla, Bonta, |Jones, Obernolte, | | | |Calderon, Daly, |Wagner | | | |Eggman, Eduardo | | | | |Garcia, Holden, | | | | |Quirk, Santiago, | | | | |Weber, Wood, Chu | | | | | | | | | | | | ------------------------------------------------------------------ SB 1015 Page 2 SUMMARY: Deletes the sunset date on the Domestic Worker Bill of Rights, which granted overtime compensation to specified domestic workers. EXISTING LAW: 1)Establishes the Domestic Worker Bill of Rights to regulate the hours of work of specified domestic work employees who are personal attendants and provides an overtime compensation rate for those employees after nine hours in one day and 45 hours in one workweek. 2)Requires the Governor to convene a committee to study and report on the effects of this law on personal attendants and their employers. 3)Sunsets the Domestic Worker Bill of Rights on January 1, 2017. FISCAL EFFECT: According to the Assembly Appropriations Committee, no significant state costs. COMMENTS: AB 241 (Ammiano), Chapter 374, Statutes of 2013, enacted the Domestic Worker Bills of Rights to grant overtime compensation to specified domestic workers after nine hours in one day and 45 hours in one workweek. AB 241 contained a January 1, 2017 sunset date. This bill proposes to eliminate that sunset date, thereby making those overtime provisions permanent. AB 241 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. SB 1015 Page 3 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. See Assembly Labor and Employment Committee Analysis for background on Domestic Workers. 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. The California Alliance for Retired Americans writes in support, "As a retiree organization which champions the rights of seniors, the California Alliance for Retired Americans (CARA) cares about how domestic workers are treated. We want to ensure that they are treated fairly and compensated equitably, including pay for overtime hours worked. It is due to their dedicated and compassionate work that seniors are able to stay in the home during their most vulnerable period in their lives. Thanks to the work of domestic workers, seniors are able to live in their own homes with dignity and respect. Keeping seniors out of nursing homes, and in their own homes, saves the state millions of dollar every year." SB 1015 Page 4 The American Civil Liberties Union (ACLU) writes in support that, "since the passage of AB 241, domestic workers have reported improved confidence and the ability to advocate for dignified standards in their jobs. If SB 1015 is not passed, these workers will no longer have access to these much needed state job protections. The ACLU is proud to support SB 1015, which recognizes the importance of domestic work and reaffirms the dignity of the California families whose household economy relies on this critical work." The California Association for Health Services at Home (CAHSAH) opposes this bill. CAHSAH is concerned with the permanent extension of overtime compensation for domestic 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: SB 1015 Page 5 Taylor Jackson / L. & E. / (916) 319-2091 FN: 0003921