BILL ANALYSIS Ó
SB 1015
Page 1
SENATE THIRD READING
SB
1015 (Leyva)
As Introduced February 11, 2016
Majority vote
SENATE VOTE: 25-10
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|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 | |
| | | | |
| | | | |
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SB 1015
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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
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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."
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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
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Taylor Jackson / L. & E. / (916) 319-2091 FN:
0003921