On August 29, the California Senate passed AB 889, the
Domestic Workers Bill of Rights Act which expanded benefits for nannies, child
care providers, caregivers and housekeepers.
This bill allowed for an increase in benefits including workers
compensation benefits, overtime, and meal breaks.
The bill is controversial because of some of
the more egregious demands it places on parents who hire nannies, babysitters,
and caregivers. These include the
requirement to pay caregivers with itemized pay stubs, to provide 10- minute
breaks every 2 hours and ½ hour meal breaks every 5 hours, to pay the State
minimum of $8/ hr plus overtime, and more.
Parents must also provide caregivers with a written copy of the Labor
Code. Parents who willingly violate any
of these can be held liable for attorney’s fees, a $750 fine, and more. Opponents of the bill state that this is the
result of California’s desire to become a “nanny state.”
The applicability of this law is only to care
givers over the age of 18 and who aren’t family members. Therefore, you can keep hiring the teenager
next door for $4 an hour but the second she turns 18, you’ll have to provide
her with minimum wage plus overtime and accounting forms.
The bill was introduced in order to protect the many immigrants
currently holding these positions.
However, it does seem that it’s got some impractical parts to it. How do caregivers take a break when they’re
watching children? Will parents be forced to obtain worker’s compensation
insurance?
Do you hire two babysitters
to ensure the breaks are being taken properly? Do you keep a stack of the labor
code by the door to provide your babysitter?
This bill produces more
questions than it answers.
