Senator Connie Leyva introduced SB 1015 to eliminate the “sunset clause” in the Domestic Workers Bill of Rights. The DWBR (eff. 1/1/14) entitles personal attendants, aka caregivers, to overtime premiums whenever they work more than 9 hours in a day or more than 45 hours in a week.
Sunset Clause in Domestic Workers Bill of Rights
The original statute contained a sunset clause:
This part shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
Several bills tried to modify or eliminate the Domestic Workers Bill of Rights. SB 1015 simply eliminates the sunset clause. The bill passed the Assembly on August 18th. It passed the Senate on August 30th (just before the last day for each house to pass bills).
Governor Brown and the Domestic Workers Bill of Rights
The SB 1015 moves to the governor’s office, where he will have 12 days to veto the bill before it becomes law. I anticipate Governor Brown will sign the bill considering he signed the original DWBR. According to Senator Leyva, the bill was sponsored by the California Domestic Workers Coalition and supported by over 100 community, labor, education and legal rights organizations. The original law required the governor to convene a committee to explore the impact of the law. I have been unable to locate any information regarding the committee or what conclusions it reached.
Is the Domestic Workers Bill of Rights a boon for low-income workers or a bane for the elderly community? Either way, the Domestic Workers Bill of Rights is likely here to stay.
UPDATE 9/12/16: Governor Brown signed AB 1015, so it is official. The Domestic Workers Bill of Rights is here to stay.
Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.
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