Domestic Workers Bill of Rights Passed in New York State

By Laura Rashedi

On August 31, 2010, two months after the State Senate and State Assembly passed a bill to provide workplace rights to domestic workers, New York Governor David Paterson signed into law the Domestic Workers Bill of Rights.

The bill, which takes effect on November 29, 2010, provides domestic workers, defined as individuals "employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing or elderly person, housekeeping, or for any other domestic service purpose," with workplace rights that include overtime, paid leave, disability benefits and protection against discrimination and harassment.

Specifically, the bill provides that no domestic workers may be required to work more than 40 hours per week, or 44 hours per week for workers living in the home of their employers, unless the domestic workers are paid an overtime rate of at least one and one-half times their normal hourly rate. The legislation also provides for one day of rest during each work week as well as three paid days of rest after one year of employment. If a domestic worker waives their weekly day of rest, the employer is required to pay an overtime rate during the day of rest.

More generally, the Domestic Workers Bill of Rights extends protections against harassment and discrimination and establishes a separate cause of action for domestic workers facing harassment and/or discrimination in the workplace. The bill also amends existing law to extend disability benefits to domestic workers.

In order to be in compliance with the law, employers of domestic workers will be required to keep more accurate and detailed records of hours worked, break time, overtime, pay schedules and wages paid to domestic workers employed in their households.

While New York becomes the first state to enact legislation extending workplace rights to domestic workers, employers of domestic workers in California may soon be faced with the extension of similar workplace rights to domestic workers. It is increasingly likely that other states will begin to consider and enact similar legislation.

For those individuals and families employing domestic workers in New York, we recommend that the employers review their practices before November 29, 2010 to ensure that they meet the new requirements and changes in the law. For more information on the new legislation or for assistance with reviewing current policies and procedures to ensure compliance with the new law, contact a Schiff Hardin labor and employment attorney.

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