Friday, October 5, 2012

California Governor Chooses Business Over Workers, Vetoes Important Worker Protection Bills

California Governor Chooses Business Over Workers, Vetoes Important Worker Protection Bills

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California Governor Chooses Business Over Workers, Vetoes Important Worker Protection Bills

Two critical bills for workers, the Domestic Workers Bill of Rights and the Trust Act, were vetoed by Democratic Governor Jerry Brown over the weekend. What now?
 
Photo Credit: National Domestic Workers Alliance
 

The following article first appeared at Working In These Times , the labor blog of In These Times magazine. For more news and analysis like this, sign up to receive In These Times ' weekly updates .
As two critical bills waited quietly on California Governor Jerry Brown’s desk this weekend, immigrants across the state held their breath, hoping that the progressive legislation could affect the national immirgation debate. By Sunday night, the anticipation gave way to disillusionment with two stunning vetoes.
The highly anticipated  Domestic Workers Bill of Rights  would have  enacted major protections  for tens of thousands of housekeepers, nannies and other caregivers and closed loopholes ignored by federal labor law. It would have extended California’s policies for overtime pay and workers’ compensation, and helped ease in-house workers' arduous, sometimes-abusive work routines by providing for a set amount of sleep and the ability to cook one’s own food.
Above all, the Bill of Rights would place California alongside New York (where similar legislation has already passed) in formally recognizing the rights and unique needs of this burgeoning, cross-cutting sector. The bill  won support from a huge array of groups , from labor unions to  celebrities, precisely because of the myriad social issues that domestic work braids together: the changing demographics of the workforce, the challenges of securing affordable childcare or elder care for families, and the struggles of immigrant workers, particularly women of color, in a largely unregulated industry.
But Brown  scrapped the bill  (sadly following an earlier veto by former Gov. Arnold Schwarzenegger) and  aligned himself with the business lobby , led by the California Chamber of Commerce, which had complained that the provisions of the bill would be unworkable and overly burdensome for employers.
The California Domestic Workers Coalition will  continue its campaign  (with plans to deploy  sponge bombs to help Brown "clean up his act" ) by building on its growing network of allies, including women’s rights, labor and faith groups. Looking ahead, Katie Joaquin, a Filipino community activist with the California Domestic Workers Coalition, tells Working In These Times, “We're going to continue to build upon those relationships. And the first step is to hold Governor Brown accountable for what we view as a blatant lack of leadership."
Inspired by the New York example, Joaquin says, the California bill is part of a movement for what the  National Domestic Workers Alliance  calls “an alternative vision of care,” which is based on sustainable working conditions and better training in the care industries, in order to meet the growing need for caregivers as the population ages. “We need to have a vision for training and caring for caregivers at the same time that we're making care accessible for families,” Joaquin says.
Immigration policy complicates the labor struggle. Brown delivered a one-two punch to California’s migrant communities  by also vetoing the Trust Act , which would have restrained the power of local police to route arrestees suspected of immigration violations into the custody of Immigrations and Customs Enforcement (ICE). That means that the mass deportation of undocumented immigrants, including domestic caregivers and other low-wage workers, will continue.
Immigrant rights activists had pushed the Trust Act to counter the Obama administration’s enforcement regime, particularly the  Secure Communities program , which encourages federal and local police to collaborate to nab undocumented immigrants. The program mirrors Arizona’s infamous  SB1070 law and other state initiatives  that threaten to expand racial profiling of Latinos and feed the federal deportation machine ( which hasn’t significantly eased up  in spite of the administration’s slippery claims of refraining from deportating “low priority” cases, such as students with clean records).
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