Imagine that both you and your significant other want to go to dinner and a movie this coming Friday night. Accordingly, you pick up the phone and dial the number of your reliable babysitter to inquire about her availability that particular evening. The babysitter indicates that she is more than willing to watch your children but then proceeds to ask about overtime, mandatory breaks and even workers' compensation benefits.

Believe it or not, this hypothetical situation is currently being discussed on airwaves across the country. The reason? The California state legislature will soon be called upon to consider a measure that - as currently written - would greatly expand the legal protections for domestic workers, including nannies, caregivers, housekeepers and even babysitters.

Assembly Bill 889 (AB 889) - otherwise known as the Domestic Workers Bill of Rights - would mandate that all domestic workers in the state (with the exception of family members and employees under 18) be provided with the following by their employers:

The possibility of having to provide all of these benefits to a college-aged babysitter is an expensive proposition that has left many Californians concerned.

"[AB 889 doesn't] make sense. People really don't have money to pay like that," said Larry Merritt, a Sacramento man who watches his grandchildren for his daughter. "They're just barely making enough money to pay their bills now."

As it turns out, worries of having to provide your babysitter with work comp benefits may be unfounded.

Assemblyman Tom Ammiano (D-San Francisco) - sponsor of AB 889 - recently addressed this particlaur concern over AB 889.

"The Domestic Workers Bill of Rights is not about babysitters," read a released statement from Ammiano. "It's about extending the same basic labor protections that all other California workers already have to the 200,000 domestic workers who provide care to our disabled and elderly."

State lawmakers will likely consider AB 889 in January 2012. It remains to be seen whether its language will be amended to exclude babysitters during the interim.

Stay tuned for further updates from our San Diego workers' compensation firm ...

This post was for informational purposes only and is not to be construed as legal advice.

Related Resources:

News-10 Sacramento "Domestic workers bill sparks outrage from parents" Sept. 1, 2011