Search forums

Forums

Export thread

California Babysitters

Aug 31, 2011#1

GasBandit

Shamelessly copypasta'd from coyoteblog:

Via Carpe Diem and a whole string of other sites:

“How will California parents react when they find out they will be expected to provide workers’ compensation benefits, rest and meal breaks, and paid vacation time for…babysitters? Dinner and a movie night may soon become much more complicated.

California Assembly Bill 889 will require these protections for all “domestic employees,” including nannies, housekeepers and caregivers. The bill has already passed the Assembly and is quickly moving through the Senate with blanket support from the Democrat members that control both houses of the Legislature – and without the support of a single Republican member. Assuming the bill will easily clear its last couple of legislative hurdles, AB 889 will soon be on its way to the Governor’s desk.

Under AB 889, household “employers” (aka “parents”) who hire a babysitter on a Friday night will be legally obligated to pay at least minimum wage to any sitter over the age of 18 (unless it is a family member), provide a substitute caregiver every two hours to cover rest and meal breaks, in addition to workers’ compensation coverage, overtime pay, and a meticulously calculated timecard/paycheck.

Failure to abide by any of these provisions may result in a legal cause of action against the employer (“parents”) including cumulative penalties, attorneys’ fees, legal costs and expenses associated with hiring expert witnesses, an unprecedented measure of legal recourse provided no other class of workers – from agricultural laborers to garment manufacturers.”

I know this is exactly the kind of thing you would expect me to oppose, but I have decided this is exactly the kind of thing California needs. I am tired of average citizens passing crazy requirements on business without any concept of the costs and injustices they are proposing, and then scratch their head later wonder why job creation is stagnant.
I want to propose that California do MORE in this same vein. Here are some suggestions:

Every household will have to register for a license to conduct any type of commerce, a license to occupy their house, and a license to hire any employees. Homeowner will as a minimum have to register to withhold income taxes, pay social security taxes, pay unemployment insurance, pay disability insurance, and pay workers comp insurance.
Households should have to file a 1099 for every payment they make to contractors
All requirements of Obamacare must be followed for any household labor, including payment of penalties for even part-time labor for which the homeowner does not provide medical insurance
No alcohol may be purchased by any individual without first applying for and receiving a state liquor license
No cigarettes may be purchased by any individual without first applying for and receiving a state cigarette license
No over the counter drugs may be purchased by any individual without first applying for and receiving a state over the counter drug license
No eggs may be purchased by any individual without first applying for and receiving a state egg license
Any injuries of any type in the household must be reported to OSHA
Form EEO-1 must be filed once a year to catalog the race and gender of anyone who did any work in the home
Any time one has a dispute in court with another citizen or an employee, they will now be treated the same as businesses in California, which means that the presumption, irregardless of facts, will be strongly in favor of any employee and against the homeowner, and in favor of any other party in any dispute whose net worth is perceived by the jury as less than the homeowner’s.
At least once a year the home’s kitchen must be inspected and certified by both the fire marshal and the health department. Any deficiencies must be immediately repaired before the kitchen can be used. All code requirements for commercial kitchens will apply to household kitchens, including requirements for a three-basin washup sink, separate mop sink, and fire extinguishers
All homes will be inspected once per year for ADA compliance. All parts of the home must be wheelchair accessible, even if there are currently no handicapped residents in residence. Homes more than one-story tall will require an elevator. All counters must be of the proper height, and all bathrooms must have ADA fixtures.
Each home will be required to prominently display all its required licenses as well as state and federal information posters for workers.
All homes will be audited at least once every three years to ensure that use taxes have been filed and paid on all out of state Internet purchases
Material Safety Data Sheets must be on file for all household cleaning products and other chemicals and available for inspection by the fire marshal
All gas tanks (car, lawnmower, portable 5-gallon) will be treated just like commercial gasoline storage tanks, and require monthly leak / loss reporting. Annually, a complete spill prevention plan must be filed with the state.
A stormwater discharge plan must be filed annually with the state
Any dropped thermometer or CFL bulb will require homeholder to call out (and pay disposal costs) of a state hazmat team
Lifeguards are required at all home pools during daylight hours
Households should file property tax returns in the same way that businesses must, listing individually every single piece of personal property they own, from their car to their lawnmower to the pink flamingo in the front yard.
Homeowner must track the number of days any guests stay in their house so they can file and pay lodging taxes on a monthly basis
Any homeowner who hauls a boat or trailer on US highways must register with the Department of Transportation and receive a DOT number. They must keep full driver logs and maintenance records available for DOT audit and inspection, and every driver must be drug-tested at least once per year.
All food on pantry shelves must meet all state labeling laws
At each entrance to the house, a sign warming those entering must be posted warning that certain cancer causing chemicals may be present

Finally, after spending the entire day complying with these rules, the homeowner must read at least 3 posts each day from progressive blogs explaining why anyone who complains about such rules as unreasonable is just a reactionary who doesn’t really know how to run his business very well, and they could certainly do better.

Postscript: Every single item on this list is something my company has been required to do. I am sure I left a bunch out.

Aug 31, 2011#2

Ravenpoe

GasBandit said:
Postscript: Every single item on this list is something my company has been required to do. I am sure I left a bunch out.

Your company had to apply for a state egg license?

Aug 31, 2011#3

HCGLNS

Ravenpoe said:
Your company had to apply for a state egg license?

Any and all radio station sponsored food drive could involve the commerce of eggs. The license is only $15, but I doubt anyone could process it for that little inside the company.

Aug 31, 2011#4

Espy

provide a substitute caregiver every two hours to cover rest and meal breaks,

Good grief.

Aug 31, 2011#5

Hailey Knight

Espy said:
Good grief.

That was the exact item I homed in on. What the fuck?

Aug 31, 2011#6

Baerdog

GasBandit said:
How will California parents react when they find out they will be expected to provide workers’ compensation benefits, rest and meal breaks, and paid vacation time for…babysitters? Dinner and a movie night may soon become much more complicated.

They'll hire a Mexican to do it.

Aug 31, 2011#7

Tress

Damn it.

Sep 1, 2011#8

sixpackshaker

Your radio station has a pool?

Sep 1, 2011#9

GasBandit

Hmm, apparently the link to the blog I copypasta'd it from didn't come out in the edit. The entire content of that post was copied, and it isn't about where I work.

http://www.coyoteblog.com/coyote_bl...o-propose-california-do-much-more-of-this.htm

Sep 1, 2011#10

AshburnerX

Baerdog said:
They'll hire a Mexican to do it.

Or do what generations have done before them: Hire a teenager or get a friend to do it.

Sep 1, 2011#11

makare

I think that is great for nannies that work all day. Nannies can be responsible for kids from dawn til dusk they are full time (and over time) employees who have not been entitled to the things other full time employees have been.

I'm also going to go and read the bill for myself because considering the hyperbole here I can't take this seriously.

I mean look at all the morons who interpreted that SD law as saying that it will make it ok to shoot abortion doctors or that texas (i think) law that people interpreted to mean would outlaw ALL marriage. Most people can't interpret laws to save their lives. I won't say they are idiots but they sure jump the gun.

Ok so i read it and the only thing that i found that would refer to a week night babysitter was this "
(a) A domestic work employer shall permit a domestic work employee who works five hours or more to choose the food he or she eats and to prepare his or her own meals. A domestic work employer shall permit a domestic work employee to use the job site's kitchen facilities and kitchen appliances without charge or deduction from pay.

and I think that sounds fair. The rest is for full time help mandating that they get basic things like sleep.

Sep 1, 2011#12

Espy

Yeah, the break thing, if for nannies, makes more sense. For babysitters? Heeeeeeeeell no.

Sep 2, 2011#13

Necronic

Based on the title of this thread and who was posting it I assumed this was going to be a general burn on California's ridiculous over-regulatory laws and nanny state doctrine, not something about actual baby-sitters.

Turns out it was both.

Sep 2, 2011#14

Chibibar

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0851-0900/ab_889_bill_20110712_amended_sen_v94.html

Actually, Babysitter under age of 18 doesn't cover under this bill.

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

1450. This part shall be known and may be cited as the Domestic
Work Employee Equality, Fairness, and Dignity Act.
1451. As used in this part, the following definitions apply:
(a) "Domestic work" means services related to the care of persons
in private households or maintenance of private households or their
premises. Domestic work occupations include childcare providers,
caregivers of sick, convalescing, or elderly persons, house cleaners,
housekeepers, maids, and other household occupations.
(b) (1) "Domestic work employee" means an individual who performs
domestic work and includes live-in domestic work employees and
personal attendants.
(2) "Domestic work employee" does not include any of the
following:
(A) Any person who performs services through the In-Home
Supportive Services program under Article 7 (commencing with Section
12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and
Institutions Code.
(B) Any person who is the parent, grandparent, spouse, sibling,
child, or legally adopted child of the domestic work employer.
(C) Any person under 18 years of age who is employed as a
babysitter for a minor child of the domestic work employer.

So basically siblings babysitting little brother/sister don't count.
hiring someone under the age of 18 to baby sit YOUR kids doesn't fall under this law. (over 18 is different story)

Sep 2, 2011#15

blotsfan

So basically its now a lot harder for an 18 year old to get a babysitting job.

Sep 2, 2011#16

Chibibar

blotsfan said:
So basically its now a lot harder for an 18 year old to get a babysitting job.

Yea. That is the main part explaining what is consider Domestic work. The rest of the Law is about what is require in the working place, compensation, breaks, insurance, injuries etc etc (just like normal work)

Sep 2, 2011#17

GasBandit

You guys are so close to understanding the true tragedy here. Where are all the porn flicks filmed? California.

NO MORE BARELY LEGAL BABYSITTERS VIDEOS.

Sep 2, 2011#18

sixpackshaker

GasBandit said:
You guys are so close to understanding the true tragedy here. Where are all the porn flicks filmed? California.

NO MORE BARELY LEGAL BABYSITTERS VIDEOS.

No, there will always be plenty of short sighted teens looking to make a quick buck.

Even though the porn industry in Cali is closed now for AIDS testing.

Sep 2, 2011#19

Covar

why does CA need this law exactly?

Sep 2, 2011#20

Norris

Covar said:
why does CA need this law exactly?

To give protections to domestic workers? I dunno, making sure that professional nannies get the same protections as other workers seems like a compelling reason to make a law about it.

Sep 2, 2011#21

Frankie Williamson

sixpackshaker said:
No, there will always be plenty of short sighted teens looking to make a quick buck.

Even though the porn industry in Cali is closed now for AIDS testing.

Lawrence Fishburne's daughter is in troooooouble.

Forums