BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1015


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          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


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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