The new legislation making its way through California’s legislature to make families treat babysitters as employees with all of the taxes and regulations that entails will do nothing more then make criminals out of parents. I have been on both sides of the divide, a babysitter as a teenager and a parent who hired babysitters for my children. The problems with the law are to large to even begin to cover but to have two babysitters on a Friday night? hell you would be lucky to get one and minimum wage? I earned $7.00 an hour in 1979 and paid $15.00 an hour in the 90s. What California is doing is warping yet again something they have absolutely no business getting involved in.
“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.
If you think that parents who work all week and then decide they can afford to go out in any State under this President, but California under this President and the leftist Governor they have straddled themselves with, will take the time to have a timecard and a paycheck, the leftists in California are crazy. They will have parents as criminals by the end of the first year. If a babysitter agrees to not hold the parents to the law but then gets angry at them and turns them in, you will have hardworking, diligent parents sitting in jail cells and a record for not paying the babysitter, INSANITY!!!
A spokesperson from Democrat Assemblyman Tom Ammiano’s office (who sponsored the bill) told me this week that the legislation would not apply to babysitters. La Malfa’s spokesperson, however, said that a babysitter over 18 years old could indeed be considered a “domestic worker.”
So which is it?
I spoke with David Balter in California’s Division of Labor Standards Enforcement to see whether babysitters were included under the state’s description of “domestic workers” as understood under the state labor code. It seems the current Industrial Welfare Commission wage order has a slighty varying vocabulary from what’s in Ammiano’s bill. Currently, babysitters over 18 are considered “personal attendants” under household occupations (and are exempted from several of the items in the code, it seems). But since the office is not able to comment on pending legislation, they are unable to clear up any confusion with AB 889.
So I looked at AB 889 myself. Here is what I found:
(b) (1) “Domestic work employee” means an individual who performs
domestic work and includes live-in domestic work employees and
And later: “Personal attendant” means a person who performs domestic work related to the supervision, feeding, or dressing of a child or other person who, by reason of advanced age, physical disability, or mental deficiency, needs supervision. Personal attendant includes
babysitters. The status of “personal attendant” applies if no significant amount of work other than the foregoing is required.
(2) “Domestic work employee” does not include any of the
(C) Any person under 18 years of age who is employed as a
babysitter for a minor child of the domestic work employer.”
So far, it sounds like babysitters over 18 who aren’t relatives are indeed included in these provisions.
Well of course it means babysitters, because as we know, Democrats are always passing laws whose “unintended” consequences destroy the middle class. The Democrats always use the words middle class in their stump speeches, what they neglect to include is “we will destroy you”.