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employmentlaw5:   Followers: 0 ; Following: 0

New California Employment Law Protects Domestic Workers

Employment law

In March 2011, a movement began in California calling for increased employment rights of domestic employees - housekeepers, nannies and private attendants. Now, a lot 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 absolutely was defeated in the California state legislature a year ago. California is only the second state in the Union to pass legislation of this kind, following New York that passed their particular version of the balance this season.

Domestic workers include those who are utilized by an exclusive household, or by an employer inside the health care industry, who are hired to be effective inside a private home. They are able to be either responsible for assisting, feeding or dressing a young child, or supervising and helping the elderly, or people who have mental or physical handicaps.

Industry Statistics

Supporters of the law state that domestic workers represent just about the most abused classes of employees in the country. The nation's Domestic Workers Alliance and Center for Urban Economic Development at the University of Illinois at Chicago conducted market research next year which revealed the next startling statistics:

 About 67 percent of live-in staff is paid below minimum wage;
 The median hourly wage of such workers is $6.15;
 Only Four percent of workers receive employer-provided insurance;
 65 percent haven't any insurance coverage;
 In California, almost 70 % of domestic personnel are Latina;
 93 percent of domestic personnel are women.

Provisions from the Bill

The check activly works to guarantee 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, with some possible exceptions).

The brand new law goes into effect on January 1, 2014, as well as that domestic workers and private attendants earn time-and-a-half for just about any hours worked more than nine hours in almost any single day, or maybe more than 45 hours in one week.

The previous failed bill included additional benefits including covering the cost of living increases, thirty days notice of termination and certain Cal OSHA protections. However each one of these have already been omitted in the current version out of concern which they turn into an unreasonable burden on low-income, elderly or disabled people who require full-time care.

The effect for the "Employer"

It is estimated that approximately 62,000 personal attendants in California is going to be impacted by the newest law. Although this may be a boon for the domestic worker industry, it may have an adverse effect on the families and folks who are required these services the most. The elevated labor costs imposed by AB 241 will certainly force many families and employers to cut back about the caregiver services they currently utilize, or would force those that require around-the-clock want to employ multiple workers in an effort to steer clear of the overtime and rest-period requirements. In turn, this could negatively impact the domestic worker industry as employers hire fewer workers. So while this new California employment law may be viewed as a substantial win for the industry, the long-term impact may not be felt for many years.

Post by employmentlaw5 (2016-01-25 06:13)

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