Bill Text: CA AB241 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Domestic work employees: labor standards.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2013-09-26 - Chaptered by Secretary of State - Chapter 374, Statutes of 2013. [AB241 Detail]

Download: California-2013-AB241-Amended.html
AB 241   Assembly Bill – AMENDED

Amended in Senate July 1, 2013

Amended in Assembly May 24, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 241


Introduced by Assembly Member Ammiano

February 6, 2013


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 241, as amended, Ammiano. Domestic work employees: labor standards.

(1) 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 as specified. Existing law creates the Industrial Welfare Commission and authorizes it to adopt rules, regulations, and orders to ensure that employers comply with those provisions. begin insertWage Order No. 15-2001 of the commission regulates wages, hours, and working conditions for household occupations. end insertExisting law makes violations of certain of these provisions a misdemeanor.

This bill wouldbegin insert enact the Domestic Worker Bill of Rights toend insert specially regulate the wages, hours, and working conditions ofbegin insert certainend insert domestic workbegin delete employees, as defined, with specified exceptionsend deletebegin insert employeesend insert. The bill would definebegin insert various terms for the purposes of the act, including definingend insert domestic workbegin delete asend deletebegin insert to meanend insert services related to the care of persons in private households or maintenance of private households or their premises, which would include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids, and other household occupations. The bill would provide an overtime compensation rate forbegin insert thoseend insert domestic work employees, with specified exceptions. The bill wouldbegin delete expressly apply Wage Order No. 15-2001 of the Industrial Welfare Commission, with specified exceptions, to a domestic work employee, except that the new domestic work provisions established by this bill will prevail over provisions that afford less protectionend deletebegin insert prevail if a provision of the household occupations wage order or any other provision of law affords less protection to a domestic work employee, and that wage order or provision of law would prevail if the wage order or any other provision of law affords more protection to a domestic work employeeend insert. The bill would prescribe standards for determining whetherbegin delete travelend delete time spent by a personalbegin delete attendant, as defined,end deletebegin insert attendant who is a domestic work employee, when traveling out of townend insert accompanying a domestic work employerbegin delete are to be consideredend deletebegin insert who is a person with a disability, constitutesend insert hours worked. The bill would further establish standards for sleeping periods, including accommodations for a domestic work employee who is required to sleep inbegin delete aend deletebegin insert theend insert private householdbegin insert of the employer,end insert and would apply provisionsbegin insert of the household occupations wage orderend insert regarding meal and restbegin delete breaks, as specified,end deletebegin insert breaksend insert to personal attendantsbegin insert who are domestic work employeesend insert. The bill would require the Division of Labor Standards Enforcement to enforce these provisions. The bill would also provide a domestic work employee a private right of action to enforce these provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies 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 act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

P3    1(a) As recognized by the State of California in Resolution
2Chapter 119 of the Statutes of 2010, it is the policy of the state to
3encourage and protect the rights of domestic work employees.

4(b) California’s domestic workers, whichbegin delete includesend deletebegin insert includeend insert
5 housekeepers, nannies, and caregivers for children, persons with
6disabilities, and the elderly, work in private households to care for
7the health, safety, and well-being of the most important aspects of
8Californians’ lives: their families and homes.

9(c) Domestic workers play a critical role in California’s
10economy, working to ensure the health and prosperity of California
11families and freeing others to participate in the workforce, which
12is increasingly necessary in these difficult economic times. The
13labor of domestic workers is central to the ongoing prosperity of
14the state but, despite the value of their work, domestic workers
15have not received the same protection under state laws as workers
16in other industries. Although domestic workers labor to support
17families and children of their own, and often are primary income
18earners, many earn low wages and live below the poverty line.

19(d) Because domestic workers care for the most important
20elements of their employers’ lives, their families and homes, it is
21in the interest of employees, employers, and the people of the State
22of California to ensure that the rights of domestic workers are
23respected, protected, and enforced.

24(e) The vast majority of domestic workers are women of color
25and immigrantsbegin delete andend deletebegin insert whoend insert are particularly vulnerable to unlawful
26employment practices. Domestic workers usually work alone,
27behind closed doors, and out of the public eye, leaving them
28isolated, vulnerable to abuse and exploitation by some employers,
29and unable to advocate collectively for better working conditions.
30Many domestic workers labor under harsh conditions and work
31long hours for low wages without any benefits. For those who are
32live-in employees, when terminated, they lose not only their jobs
33but their homes. This bill recognizes that many personal attendants
34have positive working relationships with their employers. However,
35it must also be recognized that there are other situations where
36domestic workers are verbally and physically abused or sexually
37assaulted, forced to sleep in conditions unfit for human habitation,
38and stripped of their privacy and dignity.

39(f) Many domestic workers are still excluded from the most
40basic protections afforded to the rest of the labor force under state
P4    1and federal law, including the rights to fair wages, safe and healthy
2working conditions, and protection from discriminatory and abusive
3treatment. The treatment of domestic workers under federal and
4state laws has historically reflected stereotypical assumptions about
5the nature of domestic work, specifically that the relationship
6between employer and “servant” was “personal,” rather than
7commercial, in character, that employment within a household
8was not “real” productive work, and that women did not work to
9support their families.

10(g) Recognizing that people with disabilities often need personal
11attendants in order to be active participants in work, community,
12social, and cultural life, this bill creates certain modifications to
13the definition of compensable hours worked to accommodate
14situations when out-of-town travel with a personal attendant is
15necessary. The bill further modifies the existing definition of
16compensable hours worked in Wage Order No. 15-2001 of the
17Industrial Welfare Commission to allow for an unpaid sleep period
18of up to eight hours forbegin delete personal attendantsend deletebegin insert domestic work
19employees who are live-in employees or who are required to be
20on duty for 24 consecutive hours or more,end insert
under specified
21circumstances.begin delete Personalend deletebegin insert Domestic work employees who are
22personalend insert
attendants, who have long been denied the right to take
23meal and rest breaks, will be afforded the protection of Sections
2411 and 12 ofbegin delete Minimumend delete Wage Order No. 15-2001, which includes
25a provision for on-duty meals when the nature of the work prevents
26an employee from being relieved of all duty.

27(h) Given the limited legal protections historically provided to
28domestic workers, and bearing in mind the unique conditions and
29demands of this private, home-based industry, the Legislature, as
30an exercise of the police power of the State of California for the
31protection of the public welfare, prosperity, health, safety, and
32peace of its people, further finds that domestic workers are entitled
33to industry-specific protections and labor standards that eliminate
34discriminatory provisions in the labor laws and guarantee domestic
35workers basic workplace rights to ensure that domestic workers
36are treated with equality, respect, and dignity.

37

SEC. 2.  

Part 4.5 (commencing with Section 1450) is added to
38Division 2 of the Labor Code, to read:

 

P5    1PART 4.5.  Domestic Work Employees

2

 

3Chapter  1. General Provisions and Definitions
4

 

5

1450.  

This part shall be known and may be cited as the
6Domestic Worker Bill of Rights.

7

1451.  

As used in this part, the following definitions apply:

8(a) begin insert(1)end insertbegin insertend insert “Domestic work” means services related to the care of
9persons in private households or maintenance of private households
10or their premises. Domestic work occupations include childcare
11providers, caregivers of people with disabilities, sick, convalescing,
12or elderly persons, house cleaners, housekeepers, maids, and other
13household occupations.

begin insert

14(2) “Domestic work” does not include care of persons in
15facilities providing board or lodging in addition to medical,
16nursing, convalescent, aged, or child care, including, but not
17limited to, residential care facilities for the elderly.

end insert

18(b) (1) “Domestic work employee” means an individual who
19performs domestic work and includes live-in domestic work
20employees and personal attendants.

21(2) “Domestic work employee” does not include any of the
22 following:

23(A) Any person who performs services through the In-Home
24Supportive Services program under Article 7 (commencing with
25Section 12300) of Chapter 3 of Part 3 of Division 9 ofbegin insert, and Sections
2614132.95, 14132.952, and 14132.956 of,end insert
the Welfare and
27Institutions Code.

28(B) Any person who is the parent, grandparent, spouse, sibling,
29child, or legally adopted child of the domestic work employer.

30(C) Any person under 18 years of age who is employed as a
31babysitter for a minor child of the domestic work employer in the
32employer’s home.

33(D) Any person employed as a casual babysitter for a minor
34child in the domestic employer’s home. A casual babysitter is a
35person whose employment is irregular and intermittent and who
36does not work more thanbegin insert an average ofend insert six hours per weekbegin insert in any
37given monthend insert
caring for the same minor child or children. If a person
38who performs babysitting services on an irregular and intermittent
39basis does a significant amount of work other than supervising,
40feeding, and dressing a child, this exemption shall not apply and
P6    1the person shall be considered a domestic work employee. A person
2who is a casual babysitter who is over 18 years of age retains the
3right to payment of minimum wage for all hours worked, pursuant
4to Wage Order No. 15-2001 of the Industrial Welfare Commission.

5(E) Any person employed by a licensed health facility, as
6defined in Section 1250 of the Health and Safety Code.

7(F) Any person who is employedbegin insert pursuant to a voucher issued
8through a regional center or who is employedend insert
by, or contracts
9with, an organization vendored or contracted through a regional
10center or the State Department of Developmental Services pursuant
11to the Lanterman Developmental Disabilities Services Act
12(Division 4.5 (commencing with Section 4500) of the Welfare and
13Institutions Code)begin delete andend deletebegin insert orend insert the California Early Intervention Services
14Act (Title 14 (commencing with Section 95000) of the Government
15Code) to provide services and support for persons with
16developmental disabilities, as defined in Section 4512 of the
17Welfare and Institutions Code, whenbegin insert anyend insert funding for those services
18is provided through the State Department of Developmental
19Services.

20(G) Any person who provides child care and who, pursuant to
21subdivision (d) or (f) of Section 1596.792 of the Health and Safety
22Code, is exempt from the licensing requirements of Chapters 3.4
23(commencing with Section 1596.70), 3.5 (commencing with
24Section 1596.90), and 3.6 (commencing with Section 1597.30) of
25Division 2 of the Health and Safety Code, if the parent or guardian
26of the child to whom child care is provided receives child care and
27development services pursuant to any program authorized under
28the Child Care and Development Services Act (Chapter 2
29(commencing with Section 8200) of Part 6 of Division 1 of Title
301 of the Education Code) or the California Work Opportunity and
31Responsibility to Kids Act (Chapter 2 (commencing with Section
3211200) of Part 3 of Division 9 of the Welfare and Institutions
33Code).

34(c) (1) “Domestic work employer” means a person, including
35corporate officers or executives, who directly or indirectly, or
36through an agent or any other person, including through the
37services of a third-party employer, temporary service, or staffing
38agency or similar entity, employs or exercises control over the
39wages, hours, or working conditions of a domestic work employee.

P7    1(2) “Domestic work employer” does not include any of the
2following:

3(A) The State of California or an individual who receives
4domestic work services through the In-Home Supportive Services
5 program under Article 7 (commencing with Section 12300) of
6Chapter 3 of Part 3 of Division 9 ofbegin insert, and Sections 14132.95,
714132.952, and 14132.956 of,end insert
the Welfare and Institutions Code
8or who is eligible for that program based on his or her income.

9(B) An employment agency that complies with Section
101812.5095 of the Civil Code and that operates solely to procure,
11offer, refer, provide, or attempt to provide work to domestic
12workers if the relationship between the employment agency and
13the domestic workers for whom the agency procures, offers, refers,
14provides, or attempts to provide domestic work is characterized
15by all of the factors listed in subdivision (b) of Section 1812.5095
16of the Civil Code and Section 687.2 of the Unemployment
17Insurance Code.

18(C) A licensed health facility, as defined in Section 1250 of the
19Health and Safety Code.

20(d) “Emergency” means an unpredictable or unavoidable
21occurrence of a serious nature that occurs unexpectedly requiring
22immediate action.

23(e) “Hours worked” means the time during which a domestic
24work employee is subject to the control of a domestic work
25employer and includes all time the domestic work employee is
26suffered or permitted to work, whether or not required to do so.

27(f) “Live-in domestic work employee” means an employee who
28resides in the domestic work employer’s household at least five
29days per week and for whom the employer makes sleep
30accommodations available in compliance with Section 1457.

31(g) “Personal attendant” means any person employed by a
32privatebegin delete partyend deletebegin insert householderend insert orbegin delete employedend delete by any third-party employer
33recognized in the health care industry to work in a private
34household, to supervise, feed, or dress abegin insert child, or aend insert person whobegin delete,end delete
35 by reason of advanced age, physical disability, or mental
36begin delete deficiency,end deletebegin insert deficiencyend insert needs supervision.begin delete A person is aend deletebegin insert The status
37ofend insert
personal attendantbegin delete only ifend deletebegin insert shall apply whenend insert no significant amount
38of work other than the foregoing is required. For purposes of this
39subdivision,begin delete noend deletebegin insert “noend insert significant amount ofbegin delete workend deletebegin insert workend insertbegin insertend insert meansbegin delete that
P8    1theend delete
workbegin insert other than the foregoing end insert did not exceed 20 percent of
2the total weekly hours worked.

3

1452.  

The Division of Labor Standards Enforcement shall
4enforce this part.

5

1453.  

(a) Any domestic work employee aggrieved by a
6violation of this part may bring an administrative action pursuant
7to Section 98 or may bring a civil action in a court of competent
8jurisdiction against the domestic work employer violating this part.

9(b) A domestic work employee who brings an action pursuant
10to this section and prevails shall be entitled to any legal or equitable
11relief permitted by law as may be appropriate to remedy the
12violation. A domestic work employee bringing a civil action
13pursuant to this section shall also be entitled to an award of
14reasonable attorney’s fees and costs, including expert witness fees.

15(c) The rights and remedies specified in this part are cumulative
16and nonexclusive and are in addition to any other rights or remedies
17afforded by contract or under other provisions of law. If a provision
18of Wage Order No. 15-2001 of the Industrial Welfare Commission
19or any other provision of law affords less protection to a domestic
20work employee, this part shall prevail. If a provision of Wage
21Order No. 15-2001 of the Industrial Welfare Commission or any
22other provision of law affords more protection to a domestic work
23employee, the wage orderbegin insert or provision of lawend insert shall prevail.

24(d) Notwithstanding any provision of this code or Section 340
25of the Code of Civil Procedure, to commence an action for a
26violation of this part a domestic work employee shall file an
27administrative or civil complaint within three years of the violation.

28 

29Chapter  2. Domestic Work Employee Rights
30

 

31

1454.  

A domestic work employee shall be compensated
32pursuant to Section 510begin insert for all hours workedend insert, except as provided
33in Section 1455 or 1456.

34

1455.  

(a) A domestic work employee who is a live-in employee
35or is required to be on duty for 24 consecutive hours or more shall
36have a minimum of eight consecutive hours for uninterrupted sleep,
37except in an emergency.begin delete Any time worked during an emergency
38interruption constitutes hours worked.end delete

39(b) If a domestic work employee is a live-in employee or is
40required to be on duty for 24 consecutive hours or more, the
P9    1domestic work employer and the domestic work employee may
2agree in writing to exclude from hours worked a bona fide regularly
3scheduled sleeping period of not more than eight hours for
4uninterrupted sleep from hours worked, provided that the employee
5has eight hours free of duty and available for continuous,
6uninterrupted sleep and the domestic work employer otherwise
7complies with this section and Section 1457.begin insert If the sleeping period
8is interrupted by an emergency, only time spent working during
9the emergency constitutes hours worked.end insert
Absent a written
10agreement, the eight hours available for sleep shall constitute hours
11worked.

12

1456.  

If a domestic work employer who is a person with a
13disability needs to be accompanied by a personal attendantbegin insert who is
14a domestic work employeeend insert
when traveling out of town, all time
15spent accompanying the employer in transit, and all time attending
16begin delete to, or carrying out, directivesend deletebegin insert to or under the controlend insert of the
17employer constitutes hours worked. Periods during which the
18personal attendant is completely relieved of duty, is not required
19to be at the same location as the employer, and that are long enough
20to enable the attendant to use the time effectively for his or her
21own purposes do not constitute hours worked. The employer and
22the employee may agree to exclude from hours worked a bona fide
23sleeping period of not more than eight hours, provided that there
24is a written agreement and the employee has eight hours free of
25duty and available for continuous, uninterrupted sleep.

26

1457.  

Any domestic work employee who is required to sleep
27in the private household of his or her employer shall be provided
28sleeping accommodationsbegin insert for full-time occupancyend insert that are adequate,
29decent, and sanitary according to usual customary standards.begin delete Theseend delete
30begin insert Aend insert domestic workbegin delete employeesend deletebegin insert employeeend insert shall be provided a room
31 separate from any household resident and shall not be required to
32share a bed.

33

1458.  

Sections 11 and 12 of Wage Order No. 15-2001 of the
34Industrial Welfare Commission shall apply to a personal attendant
35begin insert who is a domestic work employeeend insert.

36

1460.  

A domestic work employer shall permit a domestic work
37employee who works five hours or more a day to choose the food
38he or she eats and to prepare his or her own meals. A domestic
39work employer shall permit a domestic work employee to use the
40job site’s kitchen facilities and kitchen appliances without charge
P10   1or deduction from pay. If a domestic work employee is informed
2that a person in the household has bona fide health issues related
3to food, including, but not limited to, food allergies, or has religious
4or dietary restrictionsbegin delete whichend deletebegin insert thatend insert make presence of some foods
5unacceptable, the employee shall not eat or prepare that food in
6the household.

7

SEC. 3.  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.



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