Nanny State? Calif. May Force Parents To Pay Babysitters Workers’ Comp, OT

LOS ANGELES (CBS) — The next time you plan a movie night without the kids, you may have to provide more than just pizza for your babysitter.

Democratic lawmakers in Sacramento are fast-tracking a bill that would require workers’ compensation benefits, meal breaks and paid vacation time for all “domestic employees”, including nannies, housekeepers and even babysitters.

Assembly Bill 889, authored by Assemblyman Tom Ammiano (D-San Francisco), has already cleared the Assembly and is expected to receive overwhelming support from Senate Democrats, who control both houses of the California legislature.

Under AB 889, parents legally become household “employers” and are obligated to pay at least minimum wage to any sitter over the age of 18 (family members are exempt).

In addition, the bill would require parents to provide substitute caregivers every two hours to cover rest and meal breaks, pay for any overtime worked, and provide a line-item pay stub showing gross and net wages earned, total hours worked, deductions and both employer and employee Social Security numbers.

An amended version of the bill even shows lawmakers initially wanted to require paid vacation for domestic work employees.

If parents fail to meet any of the provisions in AB 889, they could be liable for penalties including attorneys’ fees, legal expenses and back pay up to a maximum of $4,000.

The bill marks “an unprecedented measure of legal recourse provided no other class of workers — from agricultural laborers to garment manufacturers”, Republican State Senator Doug LaMalfa told

LaMalfa also warned the “unreasonable costs and risks contained in this bill will discourage folks from hiring housekeepers, nannies and babysitters and increase the use of institutionalized care rather than allowing children, the sick or elderly to be cared for in their homes”.

Click here for more information and the full text of AB 889.

  • Fed up with California

    Damit California! STOP! You have put your nose in to so much of our personal business and lives that you have made this the worst state in America. You idiots in the capitol can’t balance the budget and fix the overwhelming crime problems and unemployment issues so instead you spend tax payers time coming up with your “Nanny” laws. Bite my shiny metal AZZ and do the world a favor, go flip burgers at the Mcee Dees because thats all you seem capable of with you peanut sized minds. I bet our current burger flippers are more qualified to do your jobs. Wankers!

    • WDinDallas

      This is marxism. Just ask your Radical Feminists in charge there in California.

      You are now a social experiment.

    • CB

      WELL SAID!!!

    • Xen

      Just another stupid bill from a Frisco lawmaker.


    That is a crazy bill. How in the world does someone arrange to have a replacement nanny every few hours? Talk about penalizing!

    • KenneyP

      Totally agree. It is hard enough for people to find a SINGLE babbysitter sometimes, let alone two. I’m a Democrat and I think this bill is crazy. Republicans are not better since they want to stick their nose into my bedroom. If only people would do the right and just thing to each other before the government felt an obligation to step in and try to make people do it we might all have less laws and regulations.

      • norman

        Republicans don’t care what you do in your bedrooms – we just don’t want you to politicize it and foist it on other people’s children. Please keep it in the bedroom.

  • wobbles

    These basterds can’t balance the budget but they can tell us how to live every aspect of our lives. Thay have no shame.

  • mark silvers

    That’s it. Time for me to vote Republican! The government is way over-regulating what we can do and not do. They’ll be telling us what brand of toilet tissue to use and what color shirt to wear to work. This is a stupid bill.

  • Bryan

    Hey California! Please secede from the Union soon – you embarrass the rest of us in the normal states with your idiotic lunacy, and we don’t want to bail you out either. Find something better to do with your time!

  • Christine in LA

    Bills like this are proof we need a part-time legislature! These lawmakers have too much time in Sacramento, so they pass bills. This is one of the most unrealistic pieces of ……The real point of it is collecting taxes on babysitters! More money would be kept with the state if these so called “lawmakers” worked part time and got half the salary they do now!
    And they wonder why business leaves California…..

    • TT

      i must say this is THE dumbest one i have ever heard – How is a babysitter – that is ALONE with 2 children for 8 hours – going on Lunch or Break ? Newsflash …. If your doing what your suppose to be doing – your making and having lunch and dinner WITH the kids… Communication at the dinner table – …everybody sits down together – talks enjoys each others company… and just who is gonna take care of them on your 15 minute break when YOU are the only one there ….. Sorry But this is WAYYY overboard….C’mon now….

      • debbie

        The bill died last week in CA Senate Appropriations committee people.

  • ed

    what do you expect from a liberal

    • Huh?

      I am a democrat, and I would never support this bill. Paying someone minimum wage, definately! But, back-up nannies??? Okay, that is ludicrous. Who sponsored this bill, KinderCare and TutorTime?

      • TT

        Assembly Bill 889, authored by Assemblyman Tom Ammiano

  • Mary

    If i need to give them breaks & overtime they need to show me an ss card
    because they better be paying taxes on that money. (If they don’t make enough to pay taxes they still need to file otherwise that is tax evasion.)



  • David

    the babysitting crud just have the nanny get a business license and just pay to their business so then you shouldn’t have to pay all that crud

  • Debbie

    Um the bill died last week in CA Senate Appropriations Committee.

    • Steve


      Please look at the date of this report. It did not die. In fact it is on its way to the Senate for approval.

  • Robert

    Well, it looks like California is getting EXACTLY what they voted for. Your state is beyond broke, unemployment is some of the highest in the country, crime rates are rising monthly and business’s that can… are moving out. Common sense left California many years ago and it’s now time to pay the cost.

  • SandyLester

    So does that mean I can require drug testing, and the employee has to prove they are illegible to work in the US.

    • SandyLester

      NOT illegible ELIGIBLE!!!!!

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  • im done with cali

    Is this a way to get california accountants a job? line item pay stub with gross and net income including deductions? this means parents need to hire a payroll accountant before they hire a nanny. i just got back to california from a few years stint in europe..this makes me want to pack my bags again and never look back

  • Noctilucent

    The reporting on this has been pathetic. In addition to exempting anyone under 18 and family members, the bill exempts anyone not requiring licensing – in other words, only “professional” nannies/babysitters require minimum wage, not the nice old lady up the street. The bill gives the same rights to domestic workers as are given to every other worker in the state – i.e. min wage, regular breaks, workers comp, etc. Try reading the actual bill instead of listening to the Republican spin and lies.

    • Jim4202

      It’s a CBS News piece. Hardly Republican spin.

    • Macky12

      The state already mandates worker’s comp, minimum wage, regular breaks, etc. These protections are all clearly spelled out in Wage Order 15 of the labor code. This bill is written by the SCIU and fashioned on one written in New York to stop the abuse of nannies.
      Unfortunately, California decided to include legitimate agencies providing services to seniors and the disabled. This bill will force prices up in a market that is already overpriced for many elders because we do pay our staff a living wage and follow labor law.
      Sorry, I am all for worker’s being treated fairly, but this is a poorly written bill that should not go forward.

    • norman

      The bill would certainly apply to the nice old lady up the street. As soon as someone accepts money for a service that automatically makes them a professional. Get it?

  • Greg Dixon

    Well said and thank you for bringing reason to the discussion. Generating hatred for American Gov’ is republicans primary focus and its time to fight the nonsense concept that Gov is inherently Evil.

  • Jack

    I left California for reasons like this. The state is Big Government it is impossible to breath. You voted democrats in, suffer the consequences!!

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  • RBurke1026

    I am a hardcore Liberal and even IIIIIIIIIIIIIIIIII find this bill disgusting. Get real California.

  • Larry

    you just killed the pockey money for a lot of kids you morons !!
    parents will now just trade off babysitting

  • niyol

    This is exactly why California is considered a punchline to the rest of the United States. You were once synonomous with Free thought but you have insisted on regulating yourselves to a ludicrous level.
    Please don’t ever leave your state… to mimic the “California warning label” now displayed everywhere in Cal… “The state of California contains people known to the rest of the world to be carcinogenic to common sense”…

  • Dwane

    This is what we get when we give the stupid Dems power. I wish the rest of the country would watch us to see what the Dems agenda is really like. They are a bunch of d-i-p-s.

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