• 20
  • September
    2011

Babysitters, nannies, housekeepers and caregivers are some of the hardest workers in California. They often work early, odd or long hours every single week without the same protection under the law that other workers in California are given.

A new bill called the Domestic Workers Bill of Rights or more commonly known in the public arena as "The Babysitter's Bill" hopes to address those grievances and create a claim for wage and hour violations based upon minimum and overtime pay for domestic workers across the state.

"The Babysitter's Bill" would not only make domestic workers over the age of 18 eligible for minimum wage, overtime pay and workers' compensation coverage, it would make it a requirement for employers to provide those simple benefits. Penalties for a failure to comply with the law would include legal expenses, attorney's fees and a maximum back pay award of $4,000.

The bill shows promise for becoming enacted into California law after it was passed by the California State Assembly earlier this month. The bill is also expected to receive similar success in January when the California Senate is set to vote on the proposed law.

Some criticism has been levied against the bill in the online forum after several mothers claimed that it would raise care costs to an unmanageable level. The author of the Domestic Workers Bill of Rights attempted to assuage some of the upset by clarifying that the bill would not apply to casual babysitters like your 16-year-old neighbor.

Staying up-to-date with employment law and wage & hour requirements can be difficult. For experienced attorneys who practice in the area of employment law, that is their job. If you suspect that your employer may be violating California's wage & hour laws, an attorney can help you determine whether you may have a claim and what your next step should be.

Source: HR Morning, "Potential benefits for CA caregivers: Workers' comp, OT," Christian Schappel, Sept. 9, 2011