Employment agencies: domestic workers.
The bill modifies how domestic workers are classified, specifically by mandating that payments for their services be made directly to them rather than through employment agencies when they provide care services. This adjustment acknowledges and addresses potential vulnerabilities in the current system where employers could unintentionally misclassify domestic workers, leading to loss of rights and benefits associated with formal employment status. The amendment also reinforces existing regulations that protect domestic workers from misleading advertising and promotes transparency in payment processes.
Assembly Bill No. 2185, introduced by Assembly Member Jackson, seeks to amend Section 1812.5095 of the California Civil Code, enhancing the regulatory framework surrounding employment agencies that refer domestic workers. The existing law primarily distinguishes employment agencies' responsibilities and defines the nature of the relationship between the agency and domestic workers. Under AB2185, there will be a more explicit focus on ensuring that domestic workers—particularly those providing care to persons over the age of 21—are compensated directly, preventing any intermediary payment through employment agencies. This is aimed at safeguarding the financial interests of domestic workers and clarifying their employment status.
While the bill aims to strengthen protections for domestic workers, it may encounter resistance from employment agencies that benefit from the current payment structures. Critics may argue that requiring direct payment to domestic workers could complicate the operational dynamics of employment agencies, potentially leading to fewer referrals or increased administrative burdens. Furthermore, the change in payment policies may raise questions about the implications for related tax responsibilities and labor rights, especially regarding whether domestic workers can still be classified as independent contractors under the revised circumstances.