Thursday, September 1, 2011

Calif. Assembly passes ridiculous babysitting bill

Thomas Lifson

The nanny state impulse runs strong in the Golden State, where the State Assembly has passed a bill that would virtually regulate babysitting out of business.  After 2 hours of babysitting, a mandatory 15 minute break must be give, meaning that a stand-by babysitter must be present. Then there are the paperwork requirements, and the severe penalties that kick in for any parents who fail to dot the i's and cross the t's.  State Senator Doug LaMalfawrites:
The bill has already passed the Assembly and is quickly moving through the Senate with blanket support from the Democrat members that control both houses of the Legislature - and without the support of a single Republican member. Assuming the bill will easily clear its last couple of legislative hurdles, AB 889 will soon be on its way to the Governor's desk.
Under AB 889, household "employers" (aka "parents") who hire a babysitter on a Friday night will be legally obligated to pay at least minimum wage to any sitter over the age of 18 (unless it is a family member), provide a substitute caregiver every two hours to cover rest and meal breaks, in addition to workers' compensation coverage, overtime pay, and a meticulously calculated timecard/paycheck.
Failure to abide by any of these provisions may result in a legal cause of action against the employer including cumulative penalties, attorneys' fees, legal costs and expenses associated with hiring expert witnesses, an unprecedented measure of legal recourse provided no other class of workers - from agricultural laborers to garment manufacturers. (On the bright side, language requiring an hour of paid vacation time for every 30 hours worked was amended out of the bill in the Senate.)
Unfortunately, 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. I can't help but wonder if that is the goal of AB 889 - a terrible bill that needs to be stopped.

Meanwhile, he nanny state impulse flourishes elsewhere around the world. The latest fantasy analogizes obesity to smoking, and invents the concept "
passive eating." No the link is not to The Onion, it is to the UK Guardian.

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