The Mudcat Café TM
Thread #140159   Message #3220194
Posted By: John P
08-Sep-11 - 03:23 PM
Thread Name: BS: The Baby Sitter Law
Subject: RE: BS: The Baby Sitter Law
I tried to find some info about this on the web and got a LOT of conservative blogs. I finally looked up the California Legislature and read the bill. There is some lack of clarity about babysitters but mostly it sounds like parents need to feed babysitters if they work more than five hours. A vast majority of the bill talks about full-time, live-in domestic help.

Here are a couple quotes:

1460. (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.


Here's what the bill is really about:

Any work in excess of eight hours in one workday and any work in
excess of 40 hours in any one workweek and the first eight hours
worked on the seventh day of work in any one
workweek shall be compensated at the rate of no less than one
and one-half times the regular rate of pay for an employee. Any
work in excess of 12 hours in one day shall be compensated at
the rate of no less than twice the regular rate of pay for an
employee. In addition, any work in excess of eight hours on any
seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee. Nothing
in this section requires an employer to combine more than one
rate of overtime compensation in order to calculate the amount
to be paid to an employee for any hour of overtime work.)

- Right to meal and rest periods.
- A domestic work employee required to be on duty for 24 hours
or more shall have a minimum of eight hours of uninterrupted
sleep except in an emergency.
- A live-in domestic work employee shall not be required to work
more than five days in any one workweek without a day off. Work
in excess of this schedule shall be compensated with the
appropriate overtime.
- A live-in domestic work employee who is not required to be on
duty for 24 hours shall have 12 hours free of duty, of which a
minimum of eight are for uninterrupted sleep.
- Live-in domestic work employees and those who work for more
than 24 hours shall be provided sleeping accommodations that are
adequate and sanitary.


It also says that if you employ people on a regular basis you have to pay the same employment taxes as other employers and you have to provide pay records to your employees.