Domestic workers may get labor rights

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The California Legislature gave final approval to the Domestic Workers Bill of Rights on Sept. 12, legislation sponsored by Assemblymember Tom Ammiano (D-SF) to finally extend some labor rights to this largely female and immigrant workforce. Advocates are hopeful that Gov. Jerry Brown will sign it this time.

As we reported in a Guardian cover story, "Do we care?" (March 28), domestic and farm workers are the only two categories of employees exempted from federal labor law, and the caregiving professions are consistently undervalued in our economic and political systems. Last year, Brown vetoed the Domestic Workers Bill of Rights, expressing the concern that it might hurt the economy and cost jobs.

But advocates for the measure came back even stronger this year than last, and they recently accepted a set of amendments in the Senate that weaken the bill but may make it more palatable to Gov. Brown, including eliminating the requirement for rest and meal breaks and giving the measure a three-year sunset and commission to review its impacts.

"We've had discussions with the administration and we think we're on the right track to get it signed," Ammiano's Press Secretary Carlos Alcala told the Guardian.

He emphasized that the bill still retains the requirement that domestic workers, who routinely work more than 40 hours per week, are entitled to overtime pay, something that Ammiano also emphasized in a prepared statement.

"This is a historic moment," Ammiano said. "This now goes to the governor for his signature. That will give these workers, mostly women, the right to be paid fairly for overtime worked."

Katie Joaquin, campaign coordinator the California Domestic Workers Coalition, said she's excited to see the bill pass and hopeful that Brown will sign it this time.

"If he signs this bill, California would be the first state to give daily overtime rights to all domestic workers," she said.

Gov. Brown has until Oct. 13 to sign it. 

Comments

Great way to drive hiring and employment underground.

Great way to drive employers to only hire illegals and those who will not assert their "rights".

As always, the law of unintended consequences prevails.

Posted by Guest on Sep. 17, 2013 @ 5:19 pm

The passing of AB241 by the legislature becomes a moot point since the US Department of Labor announced on September 11th the redefining of the 'companionship exemption' of the Fair Labor and Standards Act, extending the overtime provisions to cover domestic workers.

Beginning Jan 1, 2015 federal law will require employers to pay domestic workers minimum wage and overtime pay for all hours worked beyond 40 hours in the workweek.

Those employees truly providing 'companionship' will still be exempt from the overtime provisions, but any employee spending more than 20% of their time providing 'care' services will be covered.

What's the difference?

Accompanying a senior on a visit to the doctor or a lunch outing is 'companionship'. Transporting a senior to those activities is 'care'.

Posted by Guest on Sep. 23, 2013 @ 6:51 am

although she has carers come to her home to do housework, she really wants them there for the company, and the fact that they perform some cleaning and stuff while they are there is not important.

So expect to see a lot of carers redefined as companions. And if they do the dishes together while chatting, that changes nothing. It's just a companion activity.

Posted by Guest on Sep. 23, 2013 @ 11:58 am

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