Welcome to the latest installment of Our Laws_Your Life.
On the cusp of the new year, we highlight new legislation that will take effect in 2014. In this posting we feature a new California overtime law that offers vital support for domestic workers employed in California
Poised to be enacted on January 1, 2014, California-based domestic workers will now be eligible for overtime pay. As is true with all legislation, the devil is in the details. To find out the entire range of employees considered 'domestic workers' as well as to understand the full breadth of this legislation, consult the full bill: AB241, the Domestic Bill of Rights.
Here's a brief summary of the impacts:
When does 'overtime' kick in?: Section 1454: A domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked over nine hours in any workday and for all hours worked more than 45 hours in the workweek."
Which categories of workers are considered 'domestic'? From Section 1451: Domestic work occupations include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids, and other household occupations."
AB241 defines at length the exceptions to the 'domestic' classification. Refer to the bill for these details.
This new law has a sunset provision - meaning that AB241 will only be in effect until January 1, 2017, unless further legislative action is taken to extend its life.