Governor Newsom signed Senate Bill (“SB”) 1350, which expands the definition of employment to include some domestic workers who work through agencies. SB 1350 takes effect July 1, 2025.
Historically, the definition of “employment” under the California Occupational Safety and Health Act excluded all domestic workers. As a result, these employees were not provided health and safety protections by Cal-OSHA. SB 1350 expands the definition of “employment” to include domestic services provided by certain employees on a permanent or temporary basis. Specifically, Cal-OSHA's health and safety protections would apply to domestic workers whose services are not publicly funded, who do not work in day care centers, and who are not privately employed by individuals in their own homes to perform ordinary domestic household tasks, including house cleaning do, cooking and care.
As a result of SB 1350, the majority of domestic workers should receive enhanced safety measures, hazard identification, appropriate equipment, and worker training. According to the UCLA Labor Center's influential “Profile of Domestic Workers in California,” which was repeatedly cited by SB 1350's supporters, 84% of home care workers were employed through agencies and 16% were hired directly by their employers. However, this count included both private and government entities.
SB 1350 follows SB 321, also authored by California Senator Maria Elena Durazo. SB 321 established an advisory committee composed of domestic workers, occupational safety experts, and employers to develop industry-specific health and safety guidelines and make policy recommendations to the Legislature. Proponents of SB 1350 cited the SB321 Committee's policy recommendations to protect the health and safety of household employees. In particular, the Committee's policy recommendations were to completely remove the exclusion from domestic services in the home, including for individuals in their own homes. The committee also recommended that California regulators adopt a dual employer responsibility policy to hold homeowners jointly liable, along with agencies, for working conditions in a home. While SB 1350 adopts a limited version of the SB 321 Committee's recommendations, individuals who employ domestic workers should be aware that additional legislation may be proposed to implement these recommendations. Domestic workers employed in private households continue to be entitled to wage and hour protections under California law, many of which are codified in the Domestic Workers' Bill of Rights (Labor Code Sections 1450-1454).