10/07/2013
IN MY OPINION: Governor Brown made a big mistake in signing AB Bill 241 into law on September 26. It takes effect January 1, 2014.
Everyone (clients, employees, employers) should be treated fairly, I am an advocate of this. This bill is called the Domestic Rights bill, but it hurts virtually everybody.
In essence, it caps a domestic worker (like a caregiver that goes to a client's home to help them) at 9 hours per day and 45 hours per week, before overtime is required. On the surface this looks good and fair for the worker, but it's really bad.
Bad for the client because: Client's want a minimal number of caregivers involved in the care for their loved ones. This reduces risk; risk of miscommunication in care and medications, theft, and agitation of dementia clients (which involves about 85% of the clientele). So, the first problem affects the general public that need these services. Either they pay SUBSTANTIALLY more than they are currently paying for the same service they have, they hire on the black market, or they experience a severe reduction in care continuity.
The employee loses because if they want more hours to make ends meet for themselves, we simply can't give them unless the client is willing to pay a lot more for the same care (currently about $20 an hour, the overtime will catapult it to $30 per hour). Many caregivers enjoy "live-in" shifts. These are shifts that involve between 24 and 48 hours in a row (sleep and food are part of the package), and they may do 3 or 4 days a week for us. Under the new law, once they've reached 9 hours (regardless of them sleeping or not), they have to be removed from work. Live-ins are expected to become non-existent. What is taking 2 or 3 caregivers to provide now will take between 6 and 8 under this new law.
It hurts us, the employer, because it increases the costs of managing the work force. We will be increasing scheduling necessities by probably 50%...this is a real cost to an employer! It also means more caregivers calling-off shifts, requiring the hiring of more part-time staff, and causing even more interruptions of good, care continuity.
It hurts the government/economy. This WILL send people seriously in need of help to hire unscreened people virtually off the street. This unground market is dangerous and they don't pay taxes! Elder abuse is huge and very hard to prosecute; not to mention the added liabilities families will inherit do to caregiver injuries on the job. Legitimate home care agencies, like Right at Home, is one of the few great answers to this problem. Interestingly, this bill exempts IHSS workers and individual, private caregivers. IHSS workers are caregivers that the County pays to serve those qualified for Medi-cal, no one else. The "private" caregivers are those that are hired "off the street".
I suppose the proponents would argue that this would eliminate employers exploiting their caregivers. Probably true if they're hiring undocumented workers (which is illegal anyway). But Right at Home, and all of the reputable home care agencies in our community simply don't do that. Caregivers have a choice when it comes to working longer shifts and more than 40 hours in a week. Many of our caregivers enjoy the extra money they can make with available hours to work. That will not be available after January 1, and many of them will need to secure second jobs in order to pay their bills.
Multiple employers in the same industry will cause clashes for the employee and confusion relative to policies and procedures for varies companies.
This new law is bad for everyone in California. More and more our politicians seem to be suffering from the new disease "DCS"; "Diminishing Common Sense" - (I made that up).
Finally, pray and get at least a little involved in politics. After all, you will be governed by those with DCS if you don't step-up.
PS: Who doesn't this affect in a negative manner?
