Tag department of industrial relations

DOMESTIC WORKERS BILL OF RIGHTS VETOED

In what may be a victim of election season politics, a landmark bill dubbed “The Domestic Workers’ Bill of Rights,” Gov. Jerry Brown vetoed Assemblymember Tom Ammiano’s AB 889 at the last minute on Sunday 9/30/12, stalling efforts to provide common workplace protections to workers – mostly women – who have historically labored without guarantees of overtime or meal breaks.

It needs to be pointed out that sincere efforts were made to ensure that the rights of disabled people employing their own assistants would not be harmed in the process of granting rights to domestic workers in other situations.  “We worked very hard to make sure that the employers, as well as the workers and the disability rights community who ended up removing opposition, were heard in producing this bill,” Ammiano said.

“It’s long overdue for these workers to get these rights,” Ammiano said. “Almost everyone else has had them for decades. There will be new efforts to bring them protections, but we must always remember that justice delayed is justice denied.”

The bill, AB 889, was the product of months of work and negotiation, culminating with a late agreement that would have sent the matter to the Department of Industrial Relations for formulation of regulations.

California would have been the second state to enact labor protections for domestic workers. New York enacted a Domestic Workers Bill of Rights in 2010.  The California bill was supported by more than 100 labor, women’s, faith and community groups including National Domestic Worker Alliance, Mujeres Unidas y Activas, CHIRLA, NAACP, AFL-CIO, and Pilipino Workers Center, and has received prominent endorsements from The New York Times and “Parks and Rec” celebrity Amy Poehler.

Click HERE for a link to the entire bill.  The Governor’s veto message can be viewed HERE.

AB 889 GOES TO BROWN FOR SIGNATURE

Legislation that would give California’s domestic workers such as housekeepers and nannies overtime pay, rest periods and other state labor protections was sent to Gov. Jerry Brown on Thursday for either a signature or a veto.

The legislation, Assembly Bill 889, went to Brown on a 42-27 vote along party lines. It’s sponsored by the California Domestic Workers Coalition and dozens of labor unions and civil rights groups and is being carried by Assemblyman Tom Ammiano, D-San Francisco.

Ammiano and other advocates said the legislation would protect domestic workers against exploitation and insisted that when the state Department of Industrial Relations adopts regulations to implement it, it would not be applied to teen-age babysitters and other casual workers.

Republicans, however, said that it would raise costs for parents and the elderly who depend on household help.

Supporters of a Domestic Workers’ Bill of Rights

Throughout the campaign, there was controversy amongst advocates for disability rights regarding the effects of the bill.  Objection #1 for private pay employers of home care attendants was the fear that some employers would not be able to afford to pay the increased benefits required by the bill.  There was also some concern that unintended consequences would occur to further harm private pay employers of lesser means.

Proponents of AB 889 point out that having hundreds of thousands of workers without a basic labor agreement is a major cause for the abuses, i.e. labor and pay violations, outright abuses and threats to personal dignity, suffered by home care workers.

During the last week of the session, a compromise was reached which struck most of the firm statutory language from the bill and replaced that with a framework agreement to require the Department of Industrial Relations to create a fair basic labor regulatory structure by January 1, 2014.

The California Domestic Workers’ Bill of Rights was endorsed by the New York Times on August 10, 2012.

Read more here: http://blogs.sacbee.com/capitolalertlatest/2012/08/california-assembly-oks-overtime-pay-rest-breaks-for-domestic-workers.html#disqus_thread#storylink=cpy