Massachusetts Domestic Workers Now Protected

A new law protecting domestic workers in the state of Massachusetts is now effective. The Massachusetts Domestic Workers’ Bill of Rights, effective April 1, 2015, covers individuals who perform work of a domestic nature within a household. Employers employing domestic workers must review their current employment practices to stay compliant.

Under the new law, employees working 40 hours or more a week must receive at least 24 consecutive hours off a week and 48 consecutive hours during each month. If the employee decides to work on a day of rest or for more than 24 consecutive hours, there must be a written agreement between employee and employer.

Employees that are on duty for less than 24 consecutive hours that do not reside on the employer’s premises, must be paid for all working time. For those that are required to be on duty for a period of 24 consecutive hours or more, an 8 hour sleeping period will be excluded for each 24 hours.

An employer may deduct for food and beverages from a domestic worker’s wages if the food beverages are voluntarily and freely chosen by the employee. If the employee cannot easily bring or prepare own food, the employer may not make a deduction. Similarly, the employer may deduct for lodging if the employee voluntarily accepts and uses lodging. If the employer requires the employee to reside on the employer’s premises or in a different location, he or she cannot deduct for lodging expenses. The deductions made must follow established amounts permitted. The law prohibits employers from interfering with or monitoring their employee’s private communications and taking any personal effects or documents.

Employees may request a written evaluation of work performance after three months of employment. If an employee who resides in employer’s household is terminated without cause, the employer must provide written notice and at least 30 days of lodging. Lastly, employers must provide employees with a notice that contains all state and federal laws. Sample forms of the notice can be found in The Massachusetts Attorney General’s website.