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There are over two million domestic workers in California alone. This network of nannies, caregivers, childcare providers, and personal assistants provide valuable services to families throughout the state, but few understand their rights in the workplace. This is partially because the laws themselves are so patchwork – what applies to one domestic worker might not apply to the other. In fact, it was only in 2016 that California passed the Domestic Workers’ Bill of Rights – but even this only covers a specific class of domestic workers (called “personal attendants.”)
Under California law SB-1015, personal attendants have access to a minimum wage, paid sick leave, and three-year grace period to file complaints against their employers. They can also file complaints regardless of their immigration status. However, the laws surrounding workers’ compensation in California can be even more confusing if you’re a domestic worker. Here’s what you need to know about your rights and responsibilities under California law.
Under California law, you may file a workers’ compensation claim if the following rules apply:
If you sustained a work-related injury and believe you may be eligible for benefits based on the criteria above, take the following steps to protect your right to compensation.
Domestic worker rights are an evolving area of law. Employment advocates are working hard to ensure that this vulnerable branch of workers – who provide invaluable services to our state’s families – enjoy the same protections under the law as traditional employees.