Gov. Brown OKs bill on overtime pay for nannies, private health aides

Written By kolimtiga on Jumat, 27 September 2013 | 22.25

SACRAMENTO — Gov. Jerry Brown signed a bill Thursday that requires overtime pay for nannies, private health aides and some other domestic workers.

He also approved a measure requiring local government agencies to get court orders before interrupting cellphone service in response to public protests and other activity.

Under the Domestic Workers Bill of Rights, personal attendants would have to be paid overtime wages if they work more than nine hours in a day or 45 hours in a week. Such workers are currently exempt from the state's overtime laws.

"Domestic workers are primarily women of color, many of them immigrants, and their work has not been respected in the past," said Assemblyman Tom Ammiano (D-San Francisco), the bill's author. "Now they will be entitled to overtime, like just about every other California working person."

Ammiano joined Brown for the bill's signing in the governor's office, as did members of the California Domestic Workers Coalition, the advocacy group that requested the bill.

Maria Distancia, a member of the group, said the event brought tears to her eyes.

"This has been a really long struggle," Distancia said. "We've been fighting since 2006."

"We're out of the shadows now. We're becoming more visible," said the child-care aide from Jalisco, Mexico, who lives in Oakland.

Opponents of the measure argued that its requirements could put a strain on people who depend on domestic workers for care.

"They're now going to be required to pay more for that care," said Jennifer Gabeles, policy director for the California Assn. for Health Services at Home.

The overtime exemptions "were initially put into place to keep costs affordable for families," Gabeles said.

The bill, AB 241, is a scaled-back version of one vetoed last year that would have also required meal breaks and rest periods.

On the cellphone measure, government agencies will have to go to court if they want to shut down service to the public at specific locations. The bill Brown signed on the issue came from state Sen. Alex Padilla (D-Pacoima) in response to an incident in 2011, when the Bay Area Rapid Transit District shut down wireless service for three hours at several stations in San Francisco to head off a planned protest.

The action drew criticism from civil rights groups and others who said it deprived thousands of BART riders of the ability to call 911 if they needed it. Critics also compared the action with measures used by oppressive governments to quell peaceful protests.

California has long required a court order to interrupt traditional telephone service. The mandate is needed for modern mobile communications, Padilla said, because they are "critical to public safety and a key element of a free and open society."

The bill requires government agencies to show there is probable cause of "serious, direct and immediate danger" to obtain a court order. In an extreme emergency, without time to go to court, an agency would have to obtain an order within six hours of the shutdown, if possible.

In all, the governor signed 22 bills Thursday and vetoed two. Among those he approved, they will:

• Allow insurance companies, with the customer's consent, to transmit many notices electronically instead of by mail. SB 251 is by Sen. Ronald S. Calderon (D-Montebello).

• Allow cities and counties to veto the conversion of mobile home parks to resident ownership if a majority of those living there don't support it. SB 510 is by Sen. Hannah-Beth Jackson (D-Santa Barbara).

• Keep the financially troubled State Athletic Commission operating at least until 2016 and increase fees for boxing and martial art competitions to put the agency back in the black. SB 309 is by Sen. Ted Lieu (D-Torrance).

melanie.mason@latimes.com

patrick.mcgreevy@latimes.com


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