…where are the clowns? Don't bother, they're here.
AB 889, called the Babysitting Law, has passed the California Assembly and is expected to pass the Senate.
So, to those affected: When you and your spouse go out for a Friday night dinner and movie or a weekend getaway, and you ask that nice retired lady next door to babysit, you will be required to:
- provide a substitute caregiver every two hours to cover rest and meal breaks
- pay minimum wage
- provide workers' compensation coverage
- include overtime pay
- furnish a calculated paycheck, which must include:
“an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee…, (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions …, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and his or her social security number …, (8) the name and address of the legal entity that is the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee.” This statement must list all deductions, which “shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement or a record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California.” Source
Since you have to hire a babysitter to give your babysitter breaks, that means that you will have to provide two detailed pay checks.
And if that nice lady who enjoys your children and can use a little extra money says that you don’t have to do that, do not be fooled. The law also states that if you fail to comply, the nice lady can sue you and you are liable for attorney fees and costs, plus fines.
Forget about hiring that college student who is majoring in child development. The bill applies to all persons over 18 who are not related. It applies to part time or full time baby sitters, domestic help, housekeepers and health care workers for the disabled and elderly, but apparently not to dog sitters -- although it is so poorly written, that might be a future court case.
I could not make this stuff up.
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That is just crazy! I sure hope my parents don't know about this since they are they sitters of my kids! I can just hear my Dad now!
Posted by: Jen | September 12, 2011 at 07:16 PM
State's so desperate for money they're willing to cook up illogical new laws so that they can then find people breaking and fine them.
Posted by: Pai | September 12, 2011 at 07:28 PM
I remember many a Saturday night as a teen, babysitting - which meant talking on the phone/watching TV for several hours while the kiddies were asleep. I always went in to check on them every hour or so. I'm so glad I never injured myself due to overexertion. We didn't get meal breaks or have worker's comp back then!
Posted by: YesBiscuit! | September 13, 2011 at 03:35 AM
Incredible! California lawmakers have their heads firmly embeddeed in the backsides.
Posted by: Jordan | September 13, 2011 at 04:05 AM
That is sheer insanity. That law can't possibly be allowed to stand.
Posted by: cube | September 13, 2011 at 09:02 AM
That's nuts. I made a lot of my pocket money as a teenager by babysitting. And I learned a lot of good lessons while doing it! It's sad to me that kids may not get these same experiences because of craziness like this!
Posted by: Tammy | September 13, 2011 at 09:22 AM
I find it interesting they feel the need to pass a law like this. It tells me what a big part of the ecnomy nannies make up in California. I can't see a similar law going into effect in, say, Maine. Because I don't have children and am not a nanny - though I spent many hours babysitting as a teenager - I don't feel it's my right to have an opinion. I just think it's kind of fascinating this is a real thing in the world.
Posted by: Kristine | September 13, 2011 at 12:40 PM
This doesn't surprise me. God forbid some kids want to open a lemonade stand or something like that!
Incredible ...
Posted by: Lindsay | September 13, 2011 at 12:52 PM
New laws so people can be fined so the state has some money...idots!
Linda
http://coloradofarmlife.wordpress.com
http://deltacountyhistoricalsociety.wordpress.com/
Posted by: Linda | September 13, 2011 at 01:55 PM
Gov Moonbeam strikes again.......
Posted by: Dan | September 13, 2011 at 03:33 PM
Try taking a look at the actual complete proposed bill instead of criticizing it based on an out of context excerpt. Or is thinking and reasoning too difficult?
Posted by: Nan | September 14, 2011 at 07:14 AM
If you notice, dear "Nan," I have quoted from the "actual complete proposed bill" and provided a link to the "actual complete proposed bill" so that we can all see how poorly written it is. Or is reading too difficult for you?
Is "Nan" short for "Anonymous?" Why do you people insist on leaving meaningless comments and providing no way to communicate with you?
Posted by: Jan | September 14, 2011 at 07:44 AM
I know Nan, she left the same type of quote on the guy that referred to your blog and the post and so this is the second time I've read it..Nan likes her horses high. huh nan?
Posted by: jackie | September 14, 2011 at 09:34 AM
Why in the world does anyone want to live in California these days ???
Posted by: Deb in AZ | September 14, 2011 at 10:57 AM
So much idiocy that starts in California soon spreads across the country.
You're welcome.
Posted by: Jan | September 14, 2011 at 11:05 AM
And Americans think that Canada is too socialist -- LOL. Whatever happened to "That government governs best which governs least"? (Henry David Thoreau)
Posted by: Steve Bartlett (a comfy Canadian) | September 14, 2011 at 11:52 AM
Good for you, Steve. Most people think that is a Thomas Jefferson quotation. Both men are currently revolving in their graves.
Posted by: Jan | September 14, 2011 at 12:25 PM
It sounds like the cat is fiercer than the dogs, they usually are.
Posted by: Basketball Sneakers | September 15, 2011 at 07:25 AM