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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

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PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 30, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 22, 2012
AMENDED IN SENATE JULY 12, 2011
AMENDED IN SENATE JUNE 23, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MAY 4, 2011
AMENDED IN ASSEMBLY APRIL 6, 2011

INTRODUCED BY Assembly Members Ammiano and V. Manuel Pérez
(Coauthors: Assembly Members Allen, Cedillo, Fuentes, Ma, and
Monning)
(Coauthors: Senators De León, Evans, Price, and Vargas)

FEBRUARY 17, 2011

An act to add Part 4.5 (commencing with Section 1450) to Division
2 of the Labor Code, relating to domestic work employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 889, Ammiano. Domestic work employees.
Existing law regulates the wages, hours, and working conditions of
any man, woman, and minor employed in any occupation, trade, or
industry, whether compensation is measured by time, piece, or
otherwise, except for individuals employed as outside salesmen and
individuals participating in specified national service programs.
Under existing law, the Industrial Welfare Commission within the
Department of Industrial Relations is authorized to adopt rules,
regulations, and orders to ensure that employers comply with those
provisions of law.
This bill would require the Department of Industrial Relations, by
January 1, 2014, to adopt regulations governing the working
conditions of domestic work employees, as defined.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the
following:
(a) As recognized by the State of California in Resolution Chapter
119 of the Statutes of 2010, it is the policy of the state to
encourage and protect the rights of domestic work employees.
(b) California's domestic workers, which includes 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.
(c) 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. The labor
of domestic workers is central to the ongoing prosperity of the state
but, despite the value of their work, domestic workers have not
received the same protection under state laws as workers in other
industries. Most domestic workers labor to support families and
children of their own, and more than half are primary income earners,
but two-thirds of domestic workers earn low wages or wages below the
poverty line.
(d) Because domestic workers care for the most important elements
of their employers' lives, their families and homes, it is in the
interest of employees, employers, and the people of the State of
California to ensure that the rights of domestic workers are
respected, protected, and enforced.
(e) The vast majority of domestic workers are women of color and
immigrants and are particularly vulnerable to unlawful employment
practices and abuses. 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. 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.
In the worst cases, domestic workers are verbally and physically
abused or sexually assaulted, forced to sleep in conditions unfit for
human habitation, and stripped of their privacy and dignity.
(f) 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, and protection from
discriminatory and abusive treatment. The treatment of domestic
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.
(g) Given the limited legal protections historically provided to
domestic workers, and bearing in mind the unique conditions and
demands of this private, home-based industry, the Legislature, as an
exercise of the police power of the State of California for the
protection of the public welfare, prosperity, health, safety, and
peace of its people, further 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 equality, respect, and dignity.
SEC. 2. Part 4.5 (commencing with Section 1450) is added to
Division 2 of the Labor Code, to read:

PART 4.5. Domestic Work Employees


1450. For the purposes of this part, the following terms have the
following meanings:
(a) "Domestic work" means services related to the care of persons
in private households or maintenance of private households or their
premises. Domestic work occupations include childcare providers;
caregivers of sick, convalescing, or elderly persons; house cleaners;
housekeepers; maids; and other household occupations.
(b) (1) "Domestic work employee" means an individual who performs
domestic work and includes live-in domestic work employees and
personal attendants.
(2) "Domestic work employee" does not include any of the
following:
(A) A person who performs services through the In-Home Supportive
Services program under Article 7 (commencing with Section 12300) of
Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions
Code.
(B) A person who is the parent, grandparent, spouse, sibling,
child, or legally adopted child of the domestic work employer.
(C) A person under 18 years of age who is employed as a babysitter
for a minor child of the domestic work employer.
(D) A person employed by a licensed health facility, as defined in
Section 1250 of the Health and Safety Code, or by a health care
system that includes an acute care hospital and other facilities that
are related through common ownership or affiliation with the acute
care hospital, within the meaning of Sections 150 and 5031 of the
Corporations Code. Employees who are employed by entities that
contract with a health care system to provide domestic work are not
exempt from this part.
(E) A person who is employed by, or contracts with, an
organization vendored or contracted through a regional center or the
State Department of Developmental Services pursuant to the Lanterman
Developmental Disabilities Services Act (Division 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code) or the
California Early Intervention Services Act (Title 14 (commencing with
Section 95000) of the Government Code) to provide services and
support for persons with developmental disabilities, as defined in
Section 4512 of the Welfare and Institutions Code, when funding for
those services is provided through the State Department of
Developmental Services.
(F) A person who provides child care and who, pursuant to
subdivision (d) or (f) of Section 1596.792 of the Health and Safety
Code, is exempt from the licensing requirements of Chapters 3.4
(commencing with Section 1596.70), 3.5 (commencing with Section
1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of
the Health and Safety Code, if the parent or guardian of the child to
whom child care is provided receives child care and development
services pursuant to any program authorized under the Child Care and
Development Services Act (Chapter 2 (commencing with Section 8200) of
Part 6 of Division 1 of Title 1 of the Education Code) or the
California Work Opportunity and Responsibility to Kids Act (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code).
(c) (1) "Domestic work employer" means a person, including
corporate officers or executives, who directly or indirectly, or
through an agent or any other person, including through the services
of a third-party employer, temporary service, or staffing agency or
similar entity, employs or exercises control over the wages, hours,
or working conditions of a domestic work employee.
(2) "Domestic work employer" does not include any of the
following:
(A) The State of California or individuals who receive domestic
work services through the In-Home Supportive Services program under
Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, or individuals who
meet income eligibility for that program.
(B) An employment agency that complies with Section 1812.5095 of
the Civil Code and that operates solely to procure, offer, refer,
provide, or attempt to provide work to domestic workers if the
relationship between the employment agency and the domestic workers
for whom the agency procures, offers, refers, provides, or attempts
to provide domestic work is characterized by all of the factors
listed in subdivision (b) of Section 1812.5095 of the Civil Code and
Section 687.2 of the Unemployment Insurance Code.
(C) A licensed health facility, as defined in Section 1250 of the
Health and Safety Code.
1451. (a) Not later than January 1, 2014, the Department of
Industrial Relations shall adopt regulations governing the working
conditions of domestic work employees.
(b) The regulations adopted pursuant to this section shall provide
for all of the following:
(1) Overtime compensation.
(2) Meal and rest periods.
(3) Uninterrupted sleep periods and compensation for
interruptions.
(c) The Department of Industrial Relations may apply the
provisions of Industrial Welfare Commission Wage Order 15 to domestic
work employees.
(d) In adopting regulations pursuant to this section, the
Department of Industrial Relations shall do all of the following:
(1) Study the economic impacts of the regulations, including both
of the following:
(A) The impact on people with disabilities, including on their
ability to remain in and return to communities with home- and
community-based services and supports.
(B) The impact on minors who are eligible for services or support
pursuant to the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) or the California Early Intervention Services Act
(Title 14 (commencing with Section 95000) of the Government Code),
and their families, regardless of whether they are receiving services
or support through or outside of those acts. The department shall
take into account the income of the minors and their families and the
expenses that they incur due to the minors' disabilities.
(2) Review and consider federal policies regarding domestic work
employees.