Domestic Workers United
On July 1, the New York State Legislature passed the Domestic Workers Bill of Rights (A1470B/S2311E). After 6 years of organizing by domestic workers together with unions, employers, clergy and community organizations, the New York State Legislature came down on the side of justice. Finally, domestic workers are recognized as real workers under the law. The Domestic Workers Bill of Rights is expected to take effect in January 2011. If it does, it is expected that California and Colorado are expected to follow suit…and if this happens, we can expect it to spread throughout the US.
“Historically those employed within a private residence were often excluded from many employment rights afforded to other work sectors. Homeowners will now be faced with regulations and possible fines, and diligent record keeping and documentation will be required. New York is the first state to make major changes in the establishment of employment rights for domestic workers and other states are expected to follow suit. With help from the National Domestic Workers Alliance and other local organizations, California andColorado are drafting similar legislation to the NY Bill of Rights. Hundreds of organization across the U.S. are working to make changes to state laws and hope to eventually change federal law. Employers will have to be vigilant to keep up with employment law changes. Those employers with domestic workersin multiple states will especially suffer as they try to stay on top of the changing employment laws.
Provisions of the NY Bill
– Establishes a regular 40 hour work week for live-out staff and 44 hour work week for live-in staff.
– Overtime must be paid at a rate of 1.5 times regular rate of pay after 40 hours per week for live-out staff and after 44 hours per week for live-in staff.
– Guarantees domestic workers have one day of rest per calendar week, and it should coincide with the employee’s day of worship.
– Employees must receive overtime pay (time and a half) if they work on their scheduled day of rest.
– Domestic workers will be entitled to three paid days off per year after one year of employment.
– Protection against sexual harassment by an employer.
– Protection against harassment based on gender, race, national origin and religion.
– All full and part time domestic workers will be covered by workers compensation insurance.
– Before 11/1/2010 the New York Department of Labor will give a report to the state legislature on the feasibility and practicality of domestic workers organizing for the purpose of collective bargaining (forming labor unions).” Information provided by Teresa Leigh Household Risk Management
Leave a Reply