Eileen Boris
Megan Undén
University of
California, Santa
Barbara
 Part I: Historical overview with USA, state legislative
+ document analysis
 Part II: June 3 Convening-- Audio recording for
transcriptions, Ethnography, Participant Observation
+ Interviews
 California Domestic Workers’ Coalition Convening
 National Domestic Workers Alliance affiliate
members: Boston, Atlanta, Chicago + New York
 Allies + local activists
 Emphasis on enforcement with SB 241
 Upcoming campaign with sunset provisions
 Information Sharing, Best Practices & Relationship
Building
 New York – 2010 (passed)
 Hawaii- 2013 (passed)
 California -2014 (passed):
Sunset Provision
 Massachusetts – 2014
(passed)
 Oregon – June 17, 2015
(passed)
Proposed Legislation: Connecticut +
Illinois
 First DWBOR passed in the
USA
 Protection with minimum
wage, overtime,
discrimination/ civil rights,
and written contracts
 Task force explored and
affirmed possibility of health
care coverage/ benefits &
unionization, collective
bargaining and worker
centered co-ops– never
enacted
 Enhancements with Wage
Theft Protection Act
 Protection with minimum wage,
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overtime; anti- discrimination
and harassment once employed
Employer obligations with
contracts & record keeping
Enforcement: Most restrictive
(180 days) to file complaints via
civil or administrative processes
Use of Immigrant Resource
Centers via the Hawaii
Department of Labor and
Industrial Relations to enforce
rights and as places for
contacting
Initiated by Governor Neil
Abercrombie (D) and legislators,
not a workers’ movement
 Version passed in 2013 was the
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third proposal: previous bills
vetoed by governors
Most already covered by Wage
Order 15 for minimum wage,
overtime, and antidiscrimination
Excludes IHS workers, but
includes other care workers
Expires January 1, 2017
2016 Campaign to end sunset
provision & expand
Wage Theft Protection Act
includes Domestic Workers; so
does new paid sick day law
 Most comprehensive thus far with
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employer responsibilities for record
keeping and contracts
Enforcement options using AG
administrative claims, civil rights/
discrimination and civil litigation
Minimum wage, overtime, and
protections for live-in workers,
including maximum deductions for
food/ room and board, with 30 days
coverage for housing if let go
Protection from harassment and
discrimination
Right to unionize & collective
bargaining under current law
 Governor Kate
Brown signed SB 552
 Provisions include:
overtime pay, periods
of rest, paid personal
time, protection
against harassment
 Implementation &
Enforcement via
Oregon Bureau of
Labor and Industries
Connecticut (Pending)
HB 5527
Only includes households
or employers with 3 or
more employees
Written contracts,
overtime and minimum
wage, possibility of paid
leave
Passed CT House on
March 12, 2015 & the
Senate on June
HB 1288 House Amendment 1
– The Domestic Workers Bill
of Rights
Provisions: minimum wage
coverage, paid for all work
hours, one day off a week,
right to meals and rest periods
Will most likely fail—passed
House but Governor hostile
Illinois
Civil Litigation
 Usually after leaving
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employment
Best bet under wage theft
provisions of Wage and
Hour Laws
Exposes litigant to legal
system and to employers
best used after abuse
System slow and no
guarantees of monetary
relief
State Agency
 Office of Attorney
General
 Wage and Hour Division
 Anti-Discrimination
Commission
 Problem of lack of
inspectors and
complaint driven
Employment
Bureau/Public Authority
 Mixed History: space for
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worker control and forprofit preying on jobless
Public Employment
Services
ILO Convention #181
Hiring Hall
Public Authority (home
care)
Fair Care Worker Run
Agency
Worker Center/NGO
 “Know Your Rights”
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Campaigns; Fair Care
Pledges: Voluntary
Mujeres Unida y Activas
Matahari (Boston)
Fe y Justicia (Houston)
NDWA Atlanta
Ambassador Worker to
Worker (DWU)
Grassroots Monitoring
 Worker Empowerment +
Dignity: Building Power &
Collective Bargaining
 Living wage, overtime,
rest periods, benefits,
schedule + notices, and
enforcement with SB 241
 Geographical based
strategies
 Access to education,
certification + career
paths (within domestic
work + different career
paths)
 Coalitions and networks:
Information sharing, legal
fragmentation to be
addressed, work with
government agencies
 Immigration: DWBOR
provisions impact citizens,
immigrants + those with
precarious immigrant
statuses differently, and
can be harmful for some
without comprehensive
immigration reform
Limited DWBOR
 Occupational Health
and Safety limited
 Collective Bargaining
limited
 Social Security limited
 Migrant workers limited
 Full Written Contracts
and Job Descriptions
limited
Some Additional ILO
Recommendations
 Confidentiality of
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personal data
Elimination of Worst
Forms of Child Labor
Time Protections
Work-Life Balance
Codes of Conduct for
Diplomatic Personnel
This presentation has been partially funded by a Social Science and
Humanities Research Council Partnership Grant on Gender, Migration,
and the Work of Care ((File No: 895-2012-1021), Ito Peng, PI, with Eileen
Boris serving as a Collaborator. Other funding comes from the Hull Chair
in Feminist Studies, UCSB, and a Research Grant from the UCLA Institute
in Research on Labor and Employment
Special thanks to the California Domestic Worker Alliance, the National
Domestic Worker Alliance, all participants at the June 4, 2015 convening,
UCLA Labor Center, and UCLA IRLE
This presentation draws upon: Eileen Boris, Merita Jokela, and Megan
Undén
Enforcement Strategies for Empowerment: Models for the
California Domestic Worker Bill of Rights. Research Brief.
UCLA Institute for Research on Labor and Employment. Number 30
(June 2015).
Link:
http://www.irle.ucla.edu/publications/documents/Enforcementfor
EmpowermentReport.pdf