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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.
Failure to abide by any of these provisions may result in a legal cause of action against the employer including cumulative penalties, attorneys’ fees, legal costs and expenses associated with hiring expert witnesses, an unprecedented measure of legal recourse provided no other class of workers – from agricultural laborers to garment manufacturers. (On the bright side, language requiring an hour of paid vacation time for every 30 hours worked was amended out of the bill in the Senate.)
Absolutely unbelievable. Well, ok, it IS believable, considering the serious consideration of such an idea (you can read the bill in full here) is coming from arguably the most liberal, pro-tax state in America.
Rick Moran gets to the heart of the matter:
The Feds have already cracked down on evil garage sales. Municipalities have outlawed lemonade stands. And now, we can imagine empowering that 18 year old girl who babysits your kids to sue you if you don’t pay minimum wage, overtime, or vacation.
NBC San Diego reportsthat a “Senate analysis” of the bill “cited a report, which found that child care workers, garment workers, maids and housekeepers had high rates of minimum wage violations.”
Anyone who thinks this is about “the rights of workers” more so than California Democrats wanting to collect more tax money (why else would there be a call by them for “meticulously calculated timecards/paychecks”?) for its deep red coffers raise your hand.
I didn’t think so.