SB 1188: Domestic workers: overtime: sleep hours.

Existing law regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified. Existing law makes violations of certain of these provisions a misdemeanor.

Existing law, the Domestic Worker Bill of Rights, prohibits a domestic worker from being employed more than 9 hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employees regular rate of pay for all hours worked over 9 hours in any workday and for all hours worked more than 45 hours in the workweek.

This bill would authorize that a domestic work employee who is a live-in employee or is required to be on duty for 24 or more consecutive hours, to enter into a written agreement with his or her employer to exclude a sleeping period, as described, of not more than 8 hours from the employees working hours, provided that certain conditions are met. In the absence of an agreement, the bill would require the regularly scheduled sleeping period to count as hours worked. The bill would prohibit an employer from terminating a domestic work employee for failing to enter into such an agreement and would provide that these provisions do not apply to a domestic work employee who works fewer than 24 consecutive hours.

Because the violation of certain wage and overtime provisions are a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.