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25 Jan 2016
Employment law
In March 2011, a movement began in California with increased employment rights of domestic employees - housekeepers, nannies and personal attendants. Now, more than two and half years later, Governor Jerry Brown signed AB 241 into law.

Employment law
The newest law, also known as the Domestic Workers' Bill, was reintroduced by Assemblyman Tom Ammiano (D-San Francisco) after it was defeated within the California state legislature a year ago. California is only the second state within the Union to pass through legislation of this kind, following The big apple that passed their own sort of the check in 2010.

Domestic workers include people who are employed by an exclusive household, or by a company in the health care industry, who're hired to work in a private home. They are able to either be responsible for assisting, feeding or dressing a young child, and supervising and enhancing the elderly, or people who have mental or physical handicaps.

Industry Statistics

Proponents of the law suggest that domestic workers represent one of the most abused classes of employees in the united states. The nation's Domestic Workers Alliance and Center for Urban Economic Development in the University of Illinois at Chicago conducted a survey next year which revealed these startling statistics:

 About 67 percent of live-in personnel are paid below minimum wage;
 The median hourly wage of those workers is $6.15;
 Only Four percent of workers receive employer-provided insurance;
 65 percent have no insurance coverage;
 In California, almost 70 percent of domestic personnel are Latina;
 93 percent of domestic workers are women.

Provisions with the Bill

The bill activly works to ensure the following six rights for domestic employees:

 Overtime pay;
 Meal and rest breaks;
 Three paid sick days;
 Workers' compensation coverage;
 The directly to use kitchen facilities; and
 The right to possess some hours for sleep (eight hours recommended, by incorporating possible exceptions).

The new law switches into effect on January 1, 2014, and requires that domestic workers and private attendants be paid time-and-a-half for just about any hours worked more than nine hours in any single work day, or even more than 45 hours per week.

The last failed bill included additional benefits including within the living cost increases, four weeks notice of termination and certain Cal OSHA protections. However all these happen to be omitted from the current version out of concern which they turn into an unreasonable burden on low-income, elderly or disabled individuals who require full-time care.

The outcome towards the "Employer"

It's estimated that approximately 62,000 personal attendants in California will be impacted by the newest law. Although this can be a boon for your domestic worker industry, it might provide an adverse impact on the families and folks who want these facilities the most. The increased labor costs imposed by AB 241 will definitely force many families and employers to lessen on the caregiver services they currently utilize, or would force those who require around-the-clock choose to employ multiple workers in an effort to steer clear of the overtime and rest-period requirements. Subsequently, this could negatively impact the domestic worker industry as employers hire fewer workers. So even though this new California employment law may be seen as a significant win for your industry, the long-term impact is probably not felt for many years.


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