California To Follow New York In Providing Benefits For Domestic Workers

Signed into law by Governor David Patterson on August 31, 2010, New York's Domestic Workers' Bill of Rights was the first of its kind. Prior to this legislation, domestic workers were vulnerable to the whims of their employers, lacking the protection, rights and benefits many employees take for granted. As domestic workers in New York adjust to the changes resulting from this landmark legislation, others throughout the nation wait to see if their state will follow New York's lead.

For California's domestic workers, the wait may soon be over. Last month a new bill was introduced by California assembly member Tom Ammiano, which is very similar to the bill passed in New York last year. Domestic workers, volunteers, employees and families gathered at the Women's House recently to show their support for the new bill. If California passes this legislation, domestic workers in that state will join their peers in New York as being the only domestic workers in the nation protected by labor laws.

To better understand why this is a big deal, you must first consider the working conditions of domestic laborers. Lacking the legal rights of other employees, domestic workers are quite literally at the mercy of those who hire them. Employers of domestic workers make the final decision regarding breaks for meals and rest, advance notice of termination, paid vacation time and paid overtime. If injured on the job, there are no workers' compensation benefits to help employees pay for medical expenses or replace lost wages.

Passage of the proposed California bill will extend benefits and protection currently available to other worker to domestic laborers, regardless of their immigration status. The rights of illegal immigrants is the topic of much debate in this country; potentially triggering opposition to the proposed bill. States considering similar legislation will be paying close attention to the outcome in California, which might set the tone for the rest of the nation.