Human Resources

Which employees and employers are excluded under this law?

  • Excluded Employees consist of
    1. family members (parent, grandparent, spouse, sibling, or child of the employer)
    2. someone under the age of 18 employed as a babysitter to a minor
    3. anyone who is a “casual babysitter” (meaning someone who babysits on an irregular or intermittent basis and is not a babysitter by vocation)
    4. anyone who provides services to the developmentally disabled through a state or regional center voucher program
    5. anyone who provides child care pursuant to certain child care acts (the Child Care and Development Services Act of the Education Code or the California Work Opportunity and Responsibility to Kids Act of the Welfare and Institutions Code)
  • Excluded Employers consist of
    1. domestic worker registry or referral agencies that satisfy the requirements of Civil Code section 1812.5095 and Unemployment Insurance Code section 687.2 (specifically, such a referral agency must meet all the requirements of the Civil Code as solely a referral agency)
    2. licensed health care facilities
    3. clients overseeing or receiving services under the In-Home Supportive Services (IHSS) program

    The Domestic Worker Bill of Rights defines “domestic work employer” as any person, including corporate officers and executives, who directly or through an agent (such as temp services, staffing agencies, and the like), employs or controls wages, hours, and working conditions of domestic workers.


October 2018

Tags: California, Domestic Worker Bill of Rights