BILL ANALYSIS
ACR 163
Page A
ASSEMBLY THIRD READING
ACR 163 (V. Manuel Perez)
As Amended June 16, 2010
Majority vote
LABOR & EMPLOYMENT 4-0
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|Ayes:|Swanson, Furutani, | | |
| |Monning, Yamada | | |
| | | | |
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SUMMARY : Encourages greater protections in federal and state
law for domestic workers. Specifically, this resolution :
1 Makes the following legislative statements:
a) California's domestic workers-comprised of housekeepers,
nannies, and caregivers for children, persons with
disabilities, and the elderly-work in private households to
care for the health, safety, and well-being of the most
important aspects of Californians' lives, their families
and homes;
b) Domestic workers play a critical role in California's
economy, working to ensure the health and prosperity of
California families and freeing others to participate in
the workforce, which is increasingly necessary in these
difficult economic times;
c) Domestic workers across the state of California have
joined together to form the California Domestic Workers'
Coalition to achieve social and economic justice and secure
much-needed protections for domestic workers under
California's labor laws;
d) The National Domestic Workers Alliance is organizing
domestic workers across the United States to end the
exclusion of domestic workers from federal labor
protections, and the International Domestic Workers
Network, made up of domestic worker organizations across
the world, has formed to fight exploitation and abuse by
creating and advancing international standards in the
industry;
ACR 163
Page B
e) The treatment of domestic service workers under federal
and state laws has historically reflected stereotypical
assumptions about the nature of domestic work, specifically
that the relationship between employer and "servant" was
"personal," rather than commercial, in character; that
employment within a household was not "real" productive
work; and that women did not work to support their
families;
f) The Fair Labor Standards Act of 1938, which Congress
enacted to ensure a fair day's pay for a fair day's work,
excluded domestic workers from its protection at a time
when 60 percent of African American women workers were
employed as domestic workers;
g) The vast majority of domestic workers are women of color
and immigrants who, because of race and sex discrimination
and fear of deportation, are particularly vulnerable to
unlawful employment practices and abuses;
h) Domestic workers usually work alone, behind closed
doors, and out of the public eye, leaving them isolated,
vulnerable to abuse and exploitation, and unable to
advocate collectively for better working conditions;
i) Domestic workers often labor under harsh conditions,
work long hours for low wages without benefits or job
security, and face termination without notice or severance
pay, leaving many suddenly without both a job and a home;
j) Most domestic workers work to support families and
children of their own and more than half are primary income
earners, yet two-thirds of domestic workers earn low wages
or wages below the poverty line;
aa) Many live-in domestic workers are not permitted to make
basic decisions regarding the food they eat or to cook or
heat their meals;
bb) In the worst cases, domestic workers are verbally and
physically abused or sexually assaulted, forced to sleep in
ACR 163
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conditions unfit for human habitation, and stripped of
their privacy and dignity;
cc) Many employers desire to treat their caregivers and
housekeepers fairly, but do not have the information to
guide them in setting terms of employment, and may never
develop a formal contract or clearly establish the rights
and obligations each party owes to the other;
dd) Domestic workers are still excluded from the most basic
protections afforded the rest of the labor force under
state and federal law, including the rights to fair wages,
safe and healthy working conditions, workers' compensation,
protection from discriminatory and abusive treatment, and
to engage in collective bargaining;
ee) Domestic workers are excluded under the National Labor
Relations Act, leaving them unprotected when asking for
respect of their basic rights and unable to collectively
bargain for conditions allowing them to labor in dignity;
ff) Domestic workers whose primary work is to care for
children, the elderly, or persons with disabilities are
excluded from overtime protections, meal and rest breaks,
and reporting time pay under California law, and the
federal Fair Labor Standards Act exempts live-in domestic
workers from overtime provisions and exempts "companions"
for the elderly and "casual" babysitters from federal
minimum wage and overtime provisions;
gg) Domestic workers are excluded from the protections of
the California Occupational Safety and Health Act of 1973
and therefore do not have the right to work in a healthy
and safe environment, leaving them exposed to dangerous and
unhealthy working conditions on a regular basis;
hh) Household employees who work less than 52 hours in the
90 days prior to sustaining an injury are excluded from
California workers' compensation coverage, leaving many
domestic workers without an adequate remedy for injuries
suffered in the course of their employment;
ACR 163
Page D
ii) Because state and federal antidiscrimination laws apply
only to employers with certain minimum numbers of
employees, domestic workers are often unprotected against
discrimination based on race, color, religion, sex,
national origin, age, and disability;
jj) Because domestic workers do not have the right to a
minimum number of consecutive hours of uninterrupted sleep,
they are often woken up repeatedly throughout the night,
leaving them sleep-deprived, vulnerable to illness, and
unable to provide proper care for those in their charge;
and,
aaa) Because the vast majority of domestic workers receive no
health benefits from their employers and have no right to
paid sick days, many workers cannot take time off to deal
with illness or medical emergencies, thereby endangering
their own health and the health of the families they care
for.
2)Resolves the following:
a) That coverage of domestic workers under state and
federal labor law should be an expression of respect for
their dignity and equality and the importance of the work
they perform, and a rejection of antiquated and
long-discredited stereotypes about domestic work; and,
b) That the Legislature finds that domestic workers are
entitled to industry-specific protections and labor
standards that eliminate discriminatory provisions in the
labor laws and guarantee domestic workers basic workplace
rights to ensure that domestic workers are treated with the
respect and dignity they so richly deserve.
COMMENTS : This resolution encourages greater protections in
federal and state law for "domestic" or "household" workers.
"Domestic workers" or "household workers" are generally
comprised of housekeepers, nannies and caregivers of children
and others who work in private households to care for the
health, safety and well-being of those under their care.
In general, domestic workers are largely excluded from some of
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the more basic protections afforded to other workers under state
and federal law, including the rights to overtime wages, safe
and healthy working conditions, workers' compensation,
employment discrimination and the right to engage in collective
bargaining.
Supporters argue that domestic workers are among the most
vulnerable workers in California, yet have the least
protections. A largely immigrant workforce, domestic workers
work in private homes, out of the public eye and largely outside
of the law's protections. They are specifically excluded from
many minimal labor standards and are often subjected to abuse
and mistreatment.
Supporters state that domestic workers, like all workers,
deserve a safe workplace free from harassment and intimidation.
They deserve fair wages and the ability to enforce their rights
when they are violated. They deserve the respect and dignity
owed all workers and the legal protections to make that a
reality.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0005026