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Domestic Workers Would Get Lunch Breaks, Overtime, Vacation Under Calif. Bill

Housekeepers and other home care workers would get new benefits, including lunch breaks, overtime and paid sick and vacation time under a bill now under consideration in Sacramento.

The bill, AB889, is called the California Domestic Workers Bill of Rights. It’s authored by two Assembly Democrats, Tom Ammiano and V. Manuel Pérez.

AB 889 Rally -- April 13, 2011 - From Facebook page of V. Manuel Pérez. Click photo for Facebook page.

The California Senate Labor and Industrial Relations Committee voted for the bill 5-1 on July 6. Voting no was State Sen. Mark Wyland, a Republican. Voting yes were State Sens. Ted Lieu; Mark DeSaulnier; Mark Leno; and Alex Padilla.It is now before the Senate Appropriations Committee.

The Los Angeles City Council has passed a resolution endorsing the bill.

Among its provisions, the bill gives workers the right to one hour of paid vacation for every 30 hours worked, cost of living wage increases; and for those who work more than five hours, the right to use kitchen facilities to prepare their own food, at no cost.

However, the latest draft of the bill, July 12, removes the vacation benefit. It remains to be seen what version, if any, the Appropriations Committee will ultimately approve. Since supporters of the bill are still making reference to the vacation benefit as of today, I’m also retaining the reference.

From a summary of the bill at Around The Capitol:

“This bill would specially regulate the wages, hours, and working conditions of domestic work employees, as defined. Specifically, this bill would, among other things, provide a private right of action for a domestic work employee when those regulations are violated by his or her employer and provide an overtime compensation rate for domestic work employees.

“This bill would also expressly state that the provisions of Wage Order Number 15 of the Industrial Welfare Commission, with specified exceptions, apply to a domestic work employee, but would provide that these new domestic work provisions shall prevail over protections in that order or any other law that afford less protection to a domestic work employee.”

Supporters (PDF) of the bill say it’s a matter of basic working rights. Opponents (PDF) say it will drive up the cost of hiring home workers, including those for seniors and those with disabilities.

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(DISCLAIMER: This post does not necessarily represent the views of my employer, the North County Times.)

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