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Babysitting bill in Calif. Legislature

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The Northerner Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 11:14 AM
Original message
Babysitting bill in Calif. Legislature
How will parents react when they find out they will be expected to provide workers' compensation benefits, rest and meal breaks and paid vacation time for…babysitters? Dinner and a movie night may soon become much more complicated.

Assembly Bill 889 (authored by Assemblyman Tom Ammiano, D-San Francisco, will require these protections for all “domestic employees,” including nannies, housekeepers and caregivers.

The bill has already passed the Assembly and is quickly moving through the Senate with blanket support from the Democrat members that control both houses of the Legislature – and without the support of a single Republican member. Assuming the bill will easily clear its last couple of legislative hurdles, AB 889 will soon be on its way to the Governor's desk.

Under AB 889, household “employers” (aka “parents”) who hire a babysitter on a Friday night will be legally obligated to pay at least minimum wage to any sitter over the age of 18 (unless it is a family member), provide a substitute caregiver every two hours to cover rest and meal breaks, in addition to workers' compensation coverage, overtime pay, and a meticulously calculated timecard/paycheck.

Read more: http://www.theunion.com/ARTICLE/20110830/BREAKINGNEWS/110839991/-1/RSS
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Kerrytravelers Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 11:20 AM
Response to Original message
1. The guy who wrote the article is a Pub politician.
http://en.wikipedia.org/wiki/Doug_LaMalfa


So, I'll have to read other sources to know how much of what he says is actually true.
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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 11:26 AM
Response to Original message
2. Babysitters? Nannys are habitually taken advantage of. Service personnel in general are considered
disposable.
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 11:30 AM
Response to Original message
3. This is far more than a "babysitting bill"
Many senior citizens and people with diaabilities rely on personal care attendants to continue living independently and outside a nursing home. In fact, my colleague just showed up at the office, with her PCA.

PCAs, like other domestic workers, aren't covered by the most basic provisions of labor law, including overtime, vacation, notice of termination (which has already been logrolled out of AB 889), and so on. At least the caregivers who work through the state In-Home Supportive Services program are unionized. Those that are hired directly by the consumer don't even have that.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 11:35 AM
Response to Original message
4. This is the sort of shit which gives Democrats a bad name.
If you can't distinguish between a one-night babysitter, and someone who needs legal protections, you shouldn't be writing laws.
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Luminous Animal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 11:59 AM
Response to Reply #4
6. Except it has nothing to do with babysitters. This is the type of bill that gives Democrats a good
name:

http://cadomesticworkers.org/?page_id=9

Meal and Rest Breaks: This bill provides domestic workers the same right that all other California workers have to a 30 minute meal break after 5 hours of work and 10 minute rest breaks after 4 hours of work.

Overtime Pay: This bill extends to all domestic workers the same right to overtime pay that other California workers enjoy.

Reporting Time Pay: This bill extends to domestic workers the same protection that other California workers have to the right to be paid if they arrive for work and their employer cancels or significantly reduces their shift.

This bill also seeks to remove the exclusion of domestic workers from all other rights provided to California workers:

Workers Compensation: This bill eliminates the current requirement that domestic workers must work 52 hours and earn more than $100 in the previous 90 days to be eligible for worker’s compensation coverage. Current law excludes domestic workers from the same protections that other California workers enjoy.

This bill also provides domestic workers with industry-specific protections and standards:

Uninterrupted Sleep: This bill provides domestic workers who live-in or work 24 hour shifts the right to 8 hours of uninterrupted sleep under adequate conditions. Domestic workers often labor around the clock putting themselves and those they care for at risk of sickness and injury caused by exhaustion.

Use of Kitchen Facilities: This bill provides domestic workers who work for more than five hours, the right to use kitchen facilities at no charge to cook their own food, which is essential because domestic workers often come from different cultural backgrounds and eat different foods then their employers. Also, unlike most workers, domestic workers are often confined to their workplace and are unable to leave their workplace to go get food.

Other Rights Domestic Workers are fighting for but are not currently Part of the Bill:

Safe and Healthy Workplace: This bill extends California’s health and safety protections provided by Cal-OSHA to domestic workers.

Paid Sick Days: This bill entitles domestic workers to accrue one hour of sick leave for every thirty hours worked. Paid sick days will ensure that domestic workers have time off to seek medical care and are able to recover from illness and prevent passing on their illnesses to small children, the disabled or elderly people they care for. Currently 62% of private sector workers receive paid sick leave1.

Paid Vacation Days: This bill enables domestic workers to accrue one hour of vacation benefits for every thirty hours worked. Paid vacation days are critical to ensuring that domestic workers who live-in with their employer or work extremely long hours are able to spend time with their own families. Currently 78% of private sector employees receive paid vacation2.

Cost of Living Increase: This bill affords domestic workers an annual wage increase in an amount corresponding to the prior year’s increase in the Consumer Price Index for urban wage earners computed by California Department of Industrial Relations. Domestic workers’ isolated working conditions make employees more vulnerable to wage discrimination.

Notice of Termination: This bill gives domestic workers the right to written notice 21 days before termination or severance pay in lieu of notice. Domestic workers who live at their workplace are particularly vulnerable because upon termination they can lose their job and home at the same time, putting them at risk of homelessness. This bill also affords protections for consumers by providing an exemption from this provision in cases where an employee causes intentional physical or psychological harm to a person or property.

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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 02:31 PM
Response to Reply #6
8. I'm not seeing the carve-outs here.
The point of the OP seems to be that it doesn't make a distinction between hiring a babysitter for the night, and someone who is legitimately "employed" as a domestic worker.
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fishwax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 02:47 PM
Response to Reply #8
9. fyi, it doesn't cover babysitters under 18 n/t
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Luminous Animal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 07:06 PM
Response to Reply #8
10. Carve out... (PS, I used the google).
(2) "Domestic work employee" does not include any of the
following:

(B) Any person who is the parent, grandparent, spouse, sibling,
child, or legally adopted child of the domestic work employer.
(C) Any person under 18 years of age who is employed as a
babysitter for a minor child of the domestic work employer.

http://www.aroundthecapitol.com/billtrack/text.html?bvid=20110AB88994AMD


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Prism Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 11:53 AM
Response to Original message
5. It's a needed bill
I'm a caregiver in California, working my way through school to be a teacher. I work anywhere from 40-55 hours a week for my patient. Technically, I'm employed by the county.

Paid vacations? Newp. Overtime? No such thing. Sick days? Don't exist. In fact, I actually work unpaid too many hours of the week just to cover the gaps in the state's allotted hours of care for disabled individuals.

While the job does have medical, dental, and vision benefits (thankfully), I have to risk financial stability if I ever need time off. Recently, I had to go back to the Midwest to handle some family matters, and I had to work two 65+ hour work weeks just to make up for all the lost time as a result of my trip.

Luckily, I never get sick. But if I ever did, I'd be screwed and screwed hard.

Domestic workers do need some kind of protections that other workers are afforded. Perhaps this bill is poorly written (requiring a babysitter to have breaks every two hours is kind of ridiculous), but there is a gap here in worker benefits and protections that needs plugging up.
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Mosby Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 07:29 PM
Response to Reply #5
11. I don't understand this issue very well
So please don't assume anything from my question.

Does the county you work for classify you as a freelance employee?

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Luminous Animal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-31-11 12:03 PM
Response to Original message
7. Why did you bring right-wing Republican Doug LaMalfa's crap here?
Edited on Wed Aug-31-11 12:04 PM by Luminous Animal
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