Domestic Workers and Their Employers Have Rights and Responsibilities Under the New York Labor Law
The New York Domestic Workers’ Bill of Rights represents progressive landmark legislation. It affords specified domestic workers in New York fundamental labor law protections that were previously only granted to other employees. In signing the Domestic Workers’ Bill of Rights Governor Patterson said, “Today we correct an historic injustice by granting those who care for the elderly, raise our children and clean our homes the same essential rights to which all workers should be entitled.” New York has raised the bar in the protection of workers’ rights, yet it is likely that other states will follow her lead and introduce similar legislation as we move into a new decade.
Some of the important provisions of the New York Domestic Workers’ Bill of Rights include:
- Receiving at least the minimum wage (currently $7.25 per hour)
- Receiving overtime pay at 1 1/2 times the basic rate of pay after 40 hours of work in a calendar week (for live-in workers overtime is after 44 hours of work in a week)
- One day of rest (24 hours) per week
- At least three (3) paid days off after one year of work for the same employer, and
- Workers’ Compensation Insurance coverage if hurt on the job when the employee works at least 40 hours per week (employer may obtain this insurance through the NY State Insurance Fund (NYSIF) or another company that sells such insurance.)
In addition, the Domestic Workers’ Bill of Rights protects specified domestic workers from sexual harassment and employer harassment based on gender, race or national origin. Employees are also provided the right to make a complaint if they experience harassment or retaliation by contacting the New York State Division of Human Rights at www.dhr.state.ny.us. Additionally, labor and tax laws, including the Domestic Workers’ Bill of Rights, apply to all workers regardless of their immigration status.
New York employers employing specified domestic workers must also post a notice of domestic workers’ rights in the workplace which is available in a bilingual format at Compliance Poster Company. Please visit us at www.complianceposter.com for details.