High Quality
Open the downloaded document, and select print from the file menu (PDF reader required).
AMENDED IN SENATEJULY12, 2011AMENDED IN SENATEJUNE23, 2011AMENDED IN ASSEMBLYMAY27, 2011AMENDED IN ASSEMBLYMAY4, 2011AMENDED IN ASSEMBLYAPRIL6, 2011
california legislature
—
2011
–
12 regular session
ASSEMBLY BILL No. 889
Introduced by Assembly Members Ammiano and V. Manuel Pérez(Coauthors: Assembly Members Allen, Cedillo, Fuentes, Ma, andMonning)
(Coauthor: Senator De León)February17, 2011An act to amend Sections 226, 3351, 3352, 3551, 3708, and 3715 of,to repeal Section 4156 of, and to add Part 4.5 (commencing with Section1450) to Division 2 of, the Labor Code, relating to domestic work employees.
legislative counsel
’
s digest
AB889, as amended, Ammiano.Domestic work employees.Existing law regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, orindustry, whether compensation is measured by time, piece, orotherwise, except for individuals employed as outside salesmen andindividuals participating in speci
f
ed national service programs. Underexisting law, the Industrial Welfare Commission within the Department
94
of Industrial Relations is authorized to adopt rules, regulations, andorders to ensure that employers comply with those provisions of law.This bill would specially regulate the wages, hours, and workingconditions of domestic work employees, as de
f
ned. Speci
f
cally, thisbill would, among other things, provide a private right of action for adomestic work employee when those regulations are violated by his orher employer;
and
provide an overtime compensation rate for domesticwork employees; and require paid vacation for domestic work employees. This bill would also expressly state that the provisions of Wage Order Number 15 of the Industrial Welfare Commission, withspeci
f
ed exceptions, apply to a domestic work employee, but wouldprovide that these new domestic work provisions shall prevail overprotections in that order or any other law that afford less protection toa domestic work employee.Existing law requires an employer to provide its employees withspeci
f
ed information regarding their wages either semimonthly or atthe time of each wage payment. Under existing law, this requirementdoes not apply to employers of persons who engage in speci
f
ed typesof household domestic service.This bill would delete the exclusion for employers of persons whoengage in speci
f
ed types of household domestic service, therebyrequiring those employers to provide the above-described information.Existing law requires employers to secure the payment of workers
’
compensation for injuries incurred by their employees that arise out of and in the course of employment. The failure to secure workers
’
compensation as required by the workers
’
compensation law is amisdemeanor. Under existing law, employers of persons who engagein speci
f
ed types of household domestic service and who work lessthan a speci
f
ed number of hours are excluded from that de
f
nition of employer and are therefore excluded from the requirement to securethe payment of workers
’
compensation, as speci
f
ed.This bill would remove that exclusion and require all domestic work employers, as de
f
ned, to secure the payment of workers
’
compensationand would make conforming changes. By expanding the de
f
nition of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the state.Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this actfor a speci
f
ed reason.
94
—
2
—
AB889
Vote: majority. Appropriation: no. Fiscal committee: yes.State-mandated local program: yes.
The people of the State of California do enact as follows:
1234567891011121314151617181920212223242526272829303132333435SECTION 1.The Legislature
f
nds and declares all of thefollowing:(a) As recognized by the State of California in ResolutionChapter 119 of the Statutes of 2010, it is the policy of the state toencourage and protect the rights of domestic work employees.(b) California
’
s domestic workers, which includes housekeepers,nannies, and caregivers for children, persons with disabilities, andthe 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.(c) Domestic workers play a critical role in California
’
seconomy, working to ensure the health and prosperity of Californiafamilies and freeing others to participate in the workforce, whichis increasingly necessary in these dif
f
cult economic times. Thelabor of domestic workers is central to the ongoing prosperity of the state but, despite the value of their work, domestic workershave not received the same protection under state laws as workersin other industries. Most domestic workers labor to support familiesand children of their own, and more than half are primary incomeearners, but two-thirds of domestic workers earn low wages orwages below the poverty line.(d) Because domestic workers care for the most importantelements of their employers
’
lives, their families and homes, it isin the interest of employees, employers, and the people of the Stateof California to ensure that the rights of domestic workers arerespected, protected, and enforced.(e) The vast majority of domestic workers are women of colorand immigrants and are particularly vulnerable to unlawfulemployment practices and abuses. Domestic workers usually work alone, behind closed doors, and out of the public eye, leaving themisolated, vulnerable to abuse and exploitation, and unable toadvocate collectively for better working conditions. Domesticworkers often labor under harsh conditions, work long hours forlow wages without bene
f
ts or job security, and face terminationwithout notice or severance pay, leaving many suddenly without
94
AB889
—
3
—
Add a Comment