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AB-889 Domestic work employees.(2011-2012)

Senate:
1st
Cmt
2nd
Cmt
2nd
3rd
2nd
3rd
Pass
Assembly:
1st
Cmt
2nd
3rd
Pass
Pass
Veto
Bill Status
AB-889
Ammiano (A) , V. Manuel Pérez (A)
-
Allen (A) , Cedillo (A) , De León (S) , Evans (S) , Fuentes (A) , Ma (A) , Monning (A) , Price (S) , Vargas (S)
Domestic work employees.
03/20/11
An act to add Part 4.5 (commencing with Section 1450) to Division 2 of the Labor Code, relating to domestic work employees.
Assembly
09/11/12
08/24/12

Type of Measure
Inactive Bill - Vetoed
Majority Vote Required
Non-Appropriation
Fiscal Committee
Non-State-Mandated Local Program
Non-Urgency
Non-Tax levy
Last 5 History Actions
Date Action
09/30/12 Vetoed by Governor.
09/13/12 Enrolled and presented to the Governor at 12:15 p.m.
08/30/12 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 45. Noes 30. Page 6636.).
08/30/12 Assembly Rule 77 suspended. (Page 6605.)
08/29/12 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.
Governor's Veto Message
To the Members of the California State Assembly:

I am returning Assembly Bill 889 without my signature.

Domestic workers work in the homes of ill, elderly or disabled people. They often share duties and responsibilities with the family and friends of the patient-employer. Those employed in this noble endeavor, like anyone who works for a living, deserve fair pay and safe working conditions. Seeking to improve the circumstances of these workers however, raises a number of unanswered questions.

What will be the economic and human impact on the disabled or elderly person and their family of requiring overtime, rest and meal periods for attendants who provide 24 hour care? What would be the additional costs and what is the financial capacity of those taking care of loved ones in the last years of life? Will it increase costs to the point of forcing people out of their homes and into licensed institutions?

Will there be fewer jobs for domestic workers? Will the available jobs be for fewer hours? Will they be less flexible?

What will be the impact of the looming federal policies in this area? How would the state actually enforce the new work rules in the privacy of people's homes?

The bill calls for these questions to be studied by the state Department of Industrial Relations and for the department to simultaneously issue new regulations to provide overtime, meal, rest break and sleep periods for domestic 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.

Finally, a drafting error leaves most In Home Supportive Service (IHSS) workers subject to this measure - - resulting in costs to the state of over $200 million per year. This could require cuts in wages, reduced hours of care and other reductions to those served by IHSS workers.

Sincerely,



Edmund G. Brown Jr.