Domestic Workers Rights And Workers Compensation

It is fair to say that domestic workers such as nannies, housekeepers and indeed care givers do an extremely important job and because of the work that they do, it makes possible for others such as mothers, or family members, to hold down a job. However a team of Riverside workers compensation attorneys explain that in reality they are a workforce in turmoil.

The mostly female and immigrant population that makes up the majority of the domestic workforce are exposed to abuse, labor violations and total mistreatment on a regular basis. It tends to be a closed society where women work behind the scenes away from the public eye and because of this isolation, they are excluded from most labor and employment laws. However all this is about to change.

Up until now, the exclusion of domestic workers from the NLRA (National Labor Relations Act) has meant that domestic workers had little or no basic rights. This meant that there were no regulations regarding working hours, pay, or basic rights that most other forms of employee tend to take for granted. The state of California is one of the first places to recognise that things need to change and as a result a comprehensive bill of rights is going through the senate to give domestic workers the same rights, as any other form of employee would expect to have.

So what can the 'Bill of Rights' achieve? A Riverside County workers comp attorney explains...

If passed the domestic worker bill of rights (DWBR) can make sure that the following happens:

Equal pay for overtime

At present domestic workers are excluded from any form of overtime rights, however the DWBR proposes to see that all workers are paid at time plus a half at any time after an eight hour day and over forty hours within one working week. On top of this, double time is awarded for any time worked over 12 hours in a single day.

Workers compensation

Up until now domestic workers have been excluded from any form of workers compensation, because rather bizarrely the contract between the employer and the domestic worker was seen to be that of a 'private' nature and as a result a person was not covered under workers comp rights. Fast-forward to 2012 and if the bill is to be passed then ALL workers, would need to be covered by workers compensation, no matter what the circumstances.

Right to reporting time payment

In the past a 'jobbing' domestic worker may well have showed up to a job at a new location only to be told that he employer had cancelled the job. In the future this new bill will extend reporting time pay rights to domestic workers.

Relevant amount of sleep

Previously many domestic workers have worked far more hours that their pay demands. One of the main reasons for this is that in general they live under the same roof, and are there to cater to the needs of the family they are working for, whatever time of the day or night it is. The DWBR will decree that all domestic workers are entitled to at least 8 hours uninterrupted sleep per night. If they had to get up in the night in order to deal with the needs of a family member then they would be entitled to paid overtime.

Up until now an individual who is classed as a domestic worker had very limited rights and as a result couldn't seek the services of an experienced team of Riverside workers compensation lawyers to help. However things could be about to change and anybody who is involved in this type of work may find that they might need to consult an attorney, so that they fully understand their rights.

This is a giant step forward and a total move away from archaic laws and the state of California is again leading the way. It has to be said that once this bill is passed, then it will open the floodgates for other states to follow suit. If you are a domestic worker and need any advice on how this bill may affect you, then pick up the phone and call a team of highly skilled workers compensation lawyers Riverside who can help.