Pets

California Labor Laws and the Domestic Worker Bill of Rights Movement

In the fall of 2010, New York passed the first bill of rights for domestic workers, giving domestic workers the same benefits and rights that many other workers have had for years. Passage of this law marked a major victory for domestic worker rights activists and may have paved the way for one of California’s newer labor laws now under consideration. Although the bill has yet to be officially introduced in the state legislation process, there is a growing movement in the state to support it.

California employment laws have long been known to favor employees, often providing them with more benefits and flexibility than other states. Consider the California Family Rights Act, which, among other things, gives employees more lenient leave provisions than the Family and Medical Leave Act. So it’s no surprise that the state was quick to follow New York’s footsteps in its work to give domestic workers strong rights and protections.

So what exactly are the legal aspects of the proposed bill of rights? Well, those activists and labor rights groups that lobby for such legislation appear to have largely modeled it on current New York law. The campaign for the California bill recommends some very basic but essential rights for these workers.

  1. The right to cook their own food and receive at least five hours of uninterrupted sleep. These rights are important because many workers live in their workplace, and because of this, some have lost the ability to make decisions for themselves regarding these basic human functions.
  2. Another right on the list is the right to receive paid sick and vacation leave, as well as overtime pay. This right aligns with most rights other employees receive. Domestic workers are especially abused with regard to overtime pay, with many working more than forty hours a week for standard rates.
  3. Finally, the right to a three week notice prior to termination is included in this bill to protect your source of income and your home. Because many workers live where they work, a sudden layoff could also take away their shelter. This protection would allow them some time to look for other places to live and other jobs.

These are just a few of the key rights listed in the proposed bill; to see all the proposed rights, see the National Domestic Workers Alliance’s campaign for the bill.

The legal consequences of this would essentially force employers of domestic workers to respect these rights or else face lawsuits from employees whose rights were infringed. However, despite the typically one-sided employee labor laws in California, it is not yet known whether or not this law will actually make it through the legislative process. Therefore, there could still be a long way to go for its defenders.