Brown vetoes Calif. domestic workers rights bill

SACRAMENTO, Calif. Gov. Jerry Brown on Sunday announced that he had vetoed legislation that would have provided overtime pay, meal breaks and other labor protections to an estimated 200,000 caregivers, nannies and house cleaners in California.

Brown called their work a "noble endeavor" and said they deserve fair pay and safe working conditions.

But the Democratic governor said the bill "raises a number of unanswered questions," prompting him to reject the measure. It was among dozens of bills he acted on in the final hours before his midnight deadline to consider bills sent to him this fall by the Legislature.

Advocates said the legislation, dubbed the Domestic Workers of Bill of Rights, is necessary to protect a primarily female, immigrant workforce from abuse. They were successful in persuading New York lawmakers to pass similar legislation in 2010.

Among other things, the bill would have required that live-in workers be compensated if their rest period was interrupted during an eight-hour period and eased eligibility requirements for workers' compensation.

The California Chamber of Commerce and other business interests opposed AB889. They argued that labor laws carve out an exception for domestic workers for a reason: providing meal breaks and uninterrupted rest periods for caretakers is impractical at best and dangerous at worst.

It was unclear how the legislation by Assemblymen Tom Ammiano, D-San Francisco, and V. Manuel Perez, D-Coachella, would have been enforced and whether it would have extended to part-time workers such as baby sitters. It called for the Department of Industrial Relations to set regulations by January 2014.

Brown outlined his own list of eight questions in a veto message.

They include the effect of increased costs he said could burden the disabled and elderly and their families. He also suggested the additional cost could mean fewer jobs for domestic workers and strain state regulators trying to enforce the requirements. Moreover, he said, a drafting error would have cost the state more than $200 million annually because the bill would have applied to In-Home Supportive Service workers.

"In the face of consequences both unknown and unintended, I find it more prudent to do the studies before considering an untested legal regime for those that work in our homes," Brown wrote.

California has become a focal point in the national debate over domestic worker protections because of its size and large immigrant workforce. The bill has drawn some high-profile support, including a videotaped endorsement from comedian and "Parks and Recreation" star Amy Poehler.

The National Domestic Workers Alliance - an advocacy group with 35 local affiliates around the country - has used popularity of the Oscar-nominated film "The Help" to power a national campaign that urges fans to "be the help." The group is helping promote similar laws in Massachusetts, Illinois and Hawaii.

New York is the only state that already has implemented union-style rights for domestic workers. Those regulations have led to back pay and overtime penalty awards, according to the Urban Justice Center, which provides legal assistance to domestic workers in Manhattan.

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[proservitor]

obviously, the author of this article has not checked the facts about California Labor Law. california ALREADY HAS domestic worker protections. they were installed over a decade ago as Wage Order 15 (http://www.dir.ca.gov/IWC/IWCArticle15.pdf) and in many ways they are more robust than the recently passed regulations in New York State (2010).

the (hidden) main thrust of AB889 was to classify home healthcare workers (personal attendants) as domestic workers. they simply ARE NOT. they work in the healthcare industry, not domestic services.

[abbaprop]

Sad that you don't realize this bill would have undermined all of the legitimate caregiving companies who pay the state for Worker's Comp, insure their caregivers, and pay taxes. It would have bolstered the underground economy of the fly by night, under the table care providers who have "independent contractors". The more the govt tries to regulate all of these interactions between private parties (workers and companies, companies and consumers) the more unemployment, black market, and under the table. Stop trying to make things PERFECT and start trying to just make them BETTER!

[abbaprop]

Sad that you don't realize this bill would have undermined all of the legitimate caregiving companies who pay the state for Worker's Comp, insure their caregivers, and pay taxes. It would have bolstered the underground economy of the fly by night, under the table care providers who have "independent contractors". The more the govt tries to regulate all of these interactions between private parties (workers and companies, companies and consumers) the more unemployment, black market, and under the table. Stop trying to make things PERFECT and start trying to just make them BETTER!

[Gregbed]

The problem with these laws is they open the door for a union to demand more. I don't have a problem with breaks and overtime. I don't believe one group of workers should receive these benefits and another group is denied. I guess the question I have is how is it that a worker cannot sneak in a break during the course of an 8 hour shift. I mean everybody goofs off at some point during the day.

[GospelVenice]

Well they aren't "gay". Imagine all the additional costs to the state to annul a "gay marriage". Court battles and benefits etc. What is consummation. What is infidelity? How does one prove to the State they are "gay"? Is there a blood test? Whenever I want special privileges or need to gain an advantage I will claim to be "gay". The State is insane and so is Jerry the Clown. Look at the Governator what a joke and these clowns are insane and immoral. As a Christian and in accordance with what the Bible says I would advise any and all to not join the Military or support it or support the U.S. Government (they are infidels) or have anything to do with the Government and like 1st Century Rome Christians need to go into hiding. Our Military is being run out of the Middle East and the U.S. will have to turn tale and run and can no longer win a war. God will not bless a mess. Read Romans Chapter one. The Roman Empire was very large and it took a long time to collapse and Jerry the Clown exhibits allot of the same qualities as Nero and we will eventually have a nutty Nero take over as both Democrats and Republicans have lost any sense of morality and morality has been replaced by "Political Correctness" and Man proclaiming himself to be wise but the reality is shown to be foolishness. The reality is we are in a Depression and these clowns running things are all liars.

[GospelVenice]

Well they aren't "gay". Imagine all the additional costs to the state to annul a "gay marriage". Court battles and benefits etc. What is consummation. What is infidelity? How does one prove to the State they are "gay"? Is there a blood test? Whenever I want special privileges or need to gain an advantage I will claim to be "gay". The State is insane and so is Jerry the Clown. Look at the Governator what a joke and these clowns are insane and immoral. As a Christian and in accordance with what the Bible says I would advise any and all to not join the Military or support it or support the U.S. Government (they are infidels) or have anything to do with the Government and like 1st Century Rome Christians need to go into hiding. Our Military is being run out of the Middle East and the U.S. will have to turn tale and run and can no longer win a war. God will not bless a mess. Read Romans Chapter one. The Roman Empire was very large and it took a long time to collapse and Jerry the Clown exhibits allot of the same qualities as Nero and we will eventually have a nutty Nero take over as both Democrats and Republicans have lost any sense of morality and morality has been replaced by "Political Correctness" and Man proclaiming himself to be wise but the reality is shown to be foolishness. The reality is we are in a Depression and these clowns running things are all liars.

[Dandelwaver]

Jesus. Hhow long before we can get rid of this guy?

[Locke2534]

These union-style rules just aren't practical for domestic work, really bad hours just go with the job and those who employ domestic servants are not necessarily business owners and you shouldn't have to hire an accountant and spend a labor law attorney just to hire a babysitter. If the state thinks domestic servants are getting a raw deal, perhaps try a simpler solution, just increase the minimum wage. Make it, say, $2-$3/hour above the base minimum wage and let the extra money compensate for the extra headaches. Of course, anyone paying a domestic servant minimum wage probably shouldn't have a domestic servant; though it seems this is par for the course in California.

[ballwyllo]

This is further proof that the Dems concern about the working man/woman is just so much rhetoric. I can't think of a group of people more deserving of protection than these nannies. Fix this now!

[abbaprop]

Sad that you don't realize this bill would have undermined all of the legitimate caregiving companies who pay the state for Worker's Comp, insure their caregivers, and pay taxes. It would have bolstered the underground economy of the fly by night, under the table care providers who have "independent contractors". The more the govt tries to regulate all of these interactions between private parties (workers and companies, companies and consumers) the more unemployment, black market, and under the table. Stop trying to make things PERFECT and start trying to just make them BETTER!

[pokey5735]

Governor Brown did the right thing.
California sure doesn't need another Union. The ones we have are destroying this state because of the unreasonable, insane contracts. They are just not sustainable.
No one should be able to retire at 50 or 55 years old. The age of retirement should be comparable to Social Security retirement age.

[nottheusual1]

I'm not sure the answer is to require first responders to work on the job for 50 years before they can retire.

Or expect after 30+ years of service that they're required to have another 20+ year career.

Seems very hardhearted.