Bill Text: CA AR11 | 2011-2012 | Regular Session | Introduced
Bill Title: Relative to domestic worker rights.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-04-11 - Read. Adopted. (Ayes 51. Noes 17. Page 905.). [AR11 Detail]
Download: California-2011-AR11-Introduced.html
BILL NUMBER: HR 11 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Ammiano and V. Manuel Pérez
(Coauthor: Assembly Member Cedillo)
MARCH 7, 2011
Relative to domestic worker rights.
LEGISLATIVE COUNSEL'S DIGEST
HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST
WHEREAS, The rise in domestic employment is a global phenomenon.
The International Labour Organization (ILO) estimates that 100
million persons, predominately women, labor as domestic workers
around the world. In the United States, domestic work is among the
top 20 occupations for women--1.2 million child-care workers and
789,000 personal and home-care aides. The aging of 78 million "baby
boomers" will further increase the demand for in-home services over
the next two decades in the United States; and
WHEREAS, Domestic workers play a critical role in our global
economy, working to ensure the health and prosperity of families and
freeing others to participate in the workforce. Domestic work makes
all other work possible; and
WHEREAS, Despite the important role of domestic workers in the
household and the overall economy, domestic work is still not
recognized as work. Domestic workers toil in obscurity with limited
legal protections, unseen and unprotected; and
WHEREAS, In the United States, domestic workers have historically
been exempted from most laws governing insurance for the elderly,
unemployment benefits, collective bargaining, minimum wages, and
other labor standards. Today, many domestic workers in the United
States are still excluded from the most basic protections afforded
other workers in the labor force under state and federal law,
including the right to overtime pay, safe and healthy working
conditions, workers' compensation, and protection from discriminatory
treatment. The exclusion of domestic workers under federal and state
laws has historically reflected stereotypical assumptions about the
nature of domestic work rooted in racial and class prejudices.
Society has viewed the relationship between employer and "servant" as
"personal," rather than commercial, in character, has not seen
employment within a household as "real" productive work, and has not
recognized that women work to support their families; and
WHEREAS, The lack of labor protections has resulted in domestic
workers toiling under harsh working conditions, such as long hours
for low wages without benefits or job security, severe restrictions
on their personal time, and isolation. 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; and
WHEREAS, March 30 is the international day of recognition for
domestic workers celebrated throughout the world, especially in Latin
America; and
WHEREAS, In 2000, the Legislature of the State of California
enacted Assembly Concurrent Resolution 141 which declared March 30 as
Domestic Worker Appreciation Day in recognition of all domestic
workers for their hard work and dedication, their contribution to the
stability and well-being of the Californian family household, and
their often overlooked contributions to California's economy; and
WHEREAS, Domestic workers across the state of California have
joined together to form the California Domestic Workers' Coalition to
achieve social and economic justice and secure much-needed
protections for domestic workers under California's labor laws; and
WHEREAS, The Legislature of New York passed the Domestic Workers'
Bill of Rights in August 2010 to guarantee basic work standards and
protections for nannies, caregivers, and housekeepers; and
WHEREAS, Domestic Workers United and a broad coalition helped pass
that historic bill; and
WHEREAS, The National Domestic Workers Alliance is organizing
domestic workers across the United States to end the exclusion of
domestic workers from federal labor protections, and the
International Domestic Workers' Network, made up of domestic worker
organizations from around the world, has formed to fight the
exploitation and abuse of domestic workers by creating and advancing
international standards in the industry; and
WHEREAS, In June 2010, the International Labour Conference adopted
a resolution calling for the drafting of an international convention
and supplementary recommendation to extend labor standards and
social protection to the world's domestic workers; and
WHEREAS, The 2011 International Labour Conference is expected to
adopt the ILO Convention and accompanying Recommendation on Domestic
Work, setting standards for decent work for domestic workers; now,
therefore, be it
Resolved by the Assembly of the State of California, That the
Legislature of the State of California recognizes March 30 as
International Domestic Workers' Day in this state to celebrate the
contribution of domestic workers to California and to support the
international movement to recognize and respect the work of domestic
workers; and be it further
Resolved, That coverage of domestic workers under state and
federal labor law should be an expression of respect for their
dignity and equality and the importance of the work they perform, and
a rejection of antiquated and long-discredited stereotypes about
domestic work; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for appropriate distribution.
