New Domestic Worker Bill May Affect Babysitters

SACRAMENTO (CBS) – Legislation known as the Domestic Workers Bill of Rights could force California parents to provide benefits for childcare workers.

The pending bill regulates things like breaks, overtime pay and workers' compensation for domestic employees including in-home care for children, the elderly, and people with disabilities. The regulations would also apply to housekeepers. Critics call it the Babysitting bill.

Among the proposed requirements is a 30-minute break after 5 hours of work. This would apply to anyone over 18.

As every parent knows, taking care of a child is exhausting and that every now and then everyone who watches a child needs a break, but should the state legislate those breaks for paid caregivers?

"If it was like a normal job then I probably would need a break but they just play together and I could send them upstairs for ten minutes but I'd just be worrying about them the whole time," said babysitter Melissa Elton.

San Francisco Democrat Tom Ammiano authored the bill and is worried about how his bill is being portrayed. He issued a statement saying "The Domestic Workers Bill of Rights is not about babysitters - it's about extending the same basic labor protections that all other California workers already have to the 200,000 domestic workers who provide care to our disabled and elderly."

However, critics say the bill does not specifically exempt babysitters, but does exempt daycare workers and government entities.

The term domestic worker can be loosely defined, so there's the possibility the college aged sitter could be entitled to a break during her Friday night babysitting gig if the legislation is approved.

It is still not clear if the proposal has enough support in Sacramento to become law.