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Update - California Domestic Worker's Bill of Rights

Posted by Kathy Webb on Jun 3, 2011 10:25:00 AM

California Assembly Bill AB889 passed the assembly in June 1 and now moves to the California Senate for consideration. We previously blogged on this bill last month. In addition to the workplace rules described in the previous blog, HomeWork Solutions has recently learned that household employers will now be required to provide itemized pay stubs with each wage payment. The requirements include:

(1) Gross wages earned;
(2) Total hours worked;
(3) All deductions itemized, including taxes, disability insurance;
(4) Net wage calculation;
(5) The inclusive dates of the pay period;
(6) The name of the employee along with his or her social security number (last four digits only) or an employee identification number;
(7) The name and address of the employer; and
(8) All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee.

As a reminder, current Federal law, which applies nationally, requires that families keep accurate and contemporaneous time tracking records. Additionally, in California today, a live out domestic (come and go nanny for example) is entitled to overtime pay (1.5 times the regular hourly rate) for hours worked in excess of 8 in a work day, irrespective of the total hours worked in the week.

The legislation before the California Senate would extend these overtime protections to live in domestics also. This legislation also makes specific provisions to make it easier for domestic workers to file grievances against their employers. Read the summary of the bill here.

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Topics: nanny employment practices, domestic employer legal responsibilities, nanny workers compensation insurance, nanny overtime, domestic workers bill of rights

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