Gov. Brown Vetoes
California Bill AB889 “Domestic Workers Bill of Rights”
If you were worrying whether you’d have to start hiring two
babysitters to provide for meal breaks, you can rest easier. The controversial AB889 was vetoed by Jerry
Brown for being both “impractical at best and dangerous at worst.”
AB889, the so called “Domestic Workers Bill of Rights” was
California’s attempt to “protect” domestic care givers by increasing their pay,
easing workers compensation requirements, and defining standards for meal
periods and breaks. However, the bill
was written very broadly with ill- defined standards of application. When the
Chamber of Commerce and businesses that provide caregivers oppose the bill, you
know there are some inherent problems with it.
In a statement to the press, Governor Brown called this bill
a “noble endeavor,” focused on people who deserved fair pay and equal
treatment. However, it also “raises a
lot of unanswered questions.”
What Would AB889 Have
Changed
·
Caregivers would be required to have 10 minute
breaks every 2 hours and a meal period to rest- many opponents argue this could
have dangerous consequences for invalids and minor children under someone’s
care
·
Employers/ parents would have to pay with
itemized pay stubs
·
Pay would have to increase to $8/ hr plus
overtime, potentially even when hiring a babysitter
·
Employers/ parents would have to supply copies
of the Labor Code to caregivers
·
Provide equal access to Worker’s Compensation,
eliminating the need to earn $100 in the 90 days prior to an accident
How Workers Compensation Would Have Been
Affected
The
so called Domestic Workers’ Bill of Rights would have increased worker’s
compensation costs significantly. But it
also would have provided fair access to Worker’s Compensation benefits. Previously, the law required a caregiver work
at least 52 hours and earn over $100 in the previous 90 days to gain access to
Worker’s Compensation benefits. This
would have excluded a babysitter who slips and falls during that night out you
hired her for.
New
York passed similar legislation, but it appears California just isn’t ready for
broader sweeping worker’s compensation reform after their recent system
overhaul. We’ll have to watch and see if there are more changes down the road.
