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Success! Domestic Workers Bill of Rights Signed into California Law

Success! Domestic Workers Bill of Rights Signed into California Law

After years of campaigning and grassroots efforts by domestic workers and allies alike, California Governor Jerry Brown signed the Domestic Workers Bill of Rights (AB 241) into law on September 26. California is now the third state to have a bill of rights for domestic workers, after New York and Hawaii.

Thank you to the Care2 members who signed our petition, helping make this possible.

Once implemented, the Domestic Workers Bill of Rights will provide employees vital protections in their respective workplaces.

Firstly, the bill will regulate the hours of work of certain domestic work employees and provide an overtime compensation rate for those employees. Previously, it was not illegal for employers to deny overtime pay for house cleaners and caregivers, regardless of how many additional hours they worked beyond their regular schedule. Hourly wage protection is particularly significant in that it will help ensure fair treatment for these workers, who are often women of color and in some cases recent immigrants who do not have a complete grasp of their employer’s language.

Secondly, the bill will clearly define the scope of domestic work services, including childcare providers, caregivers of elderly persons, housekeepers and other household occupations. By providing these kinds of definitions, labor standards will be clarified to the benefit of current and future domestic workers.

Although the passage of AB 241 is an important step forward, several other protections for California domestic workers were lost during the legislative process. Earlier versions of the bill, as introduced by Assembly Member Tom Ammiano, outlined standards for meal and rest breaks, sleeping periods and paid vacation for individuals employed for over a year in the same private household. Unfortunately, none of these rights were included in the final version of the bill.

Domestic workers are not unfamiliar with having their rights ignored completely, however. A similar bill to AB 241 was vetoed last session. Nationally, domestic workers must fight for protection state by state because they were specifically excluded from the Fair Labor Standards Act due to lobbying efforts by Southern Democrats in Congress at the time. The FLSA has since expanded its minimum wage and overtime protections to domestic workers, although they continue to lack complete coverage.

Despite these shortcomings, the passage of AB 241 is an important success for domestic workers. This legislature will benefit workers whose rights have previously been ignored and sets an example for the rest of the nation in providing essential protections for employees.

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107 comments

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10:12PM PST on Nov 6, 2013

...wonderful read--have a daughter that is an nanny in SanFran--a job that doesn't know the "9-to-5" clock in and out--she loves her job--nice to know it will be having more "perk's" on it's way along with smile's from the little ones. Thanks for information = )

12:40AM PST on Nov 6, 2013

Good news. Thank you.

9:42AM PDT on Oct 22, 2013

Thank You!

6:35AM PDT on Oct 21, 2013

About time!

9:50PM PDT on Oct 20, 2013

Good news.

4:27PM PDT on Oct 18, 2013

It's about time...now for the other states.

5:39AM PDT on Oct 15, 2013

good thanks

2:06PM PDT on Oct 14, 2013

thanks.

6:29AM PDT on Oct 14, 2013

It was about time things changed! Even though some due rights didn't make it to the final version of the bill, this is a major accomplishment already. Maybe future amendments will incorporate other important things, such as meal times and breaks, and such. As for now, let's celebrate this major victory! :)

6:00AM PDT on Oct 13, 2013

Really about time... Thanks.

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