nyc department of labor

Domestic Worker’s Bill of Rights NYC- Information for both the employer and employee

Labor Rights and Protections

for Domestic Workers in New York

Domestic workers and their employers have rights and responsibilities under the Labor Law, including the Domestic Workers’ Bill of Rights, which took effect on November 29, 2010. For more details, go to

www.labor.ny.gov.

Who is a Domestic Worker?

A “domestic worker” is someone who works in another person’s home. Their jobs include:

• Caring for children or a sick or elderly person

• Housekeeping chores

• Other domestic duties performed in the employers’ home

 

This law does not cover domestic workers who:

• Who work on a casual basis, such as part-time baby-sitters

• Who are relatives of their employers or of the person(s) for whom they offer care

Domestic Workers Should Know

Under New York State labor law, including the Domestic Workers’ Bill of Rights, you:

• Must be paid at least the minimum wage(currently $8.00 per hour)

• Must receive overtime pay at 1 1/2 times your basic rate of pay after 40 hours of work in a calendar week

(If you live in your employer’s home, you must be paid overtime after 44 hours of work in a week.)

• Must be given one day (24 hours) of rest per week – or, if you agree to work on that day, you must be paid at an overtime rate

• Are entitled to at least three paid days off after one year of work for the same employer

If you work at least 40 hours per week, you are also covered by Workers’ Compensation Insurance if you are hurt on the job and• Disability Benefits Insurance if you are injured or become ill outside of work and miss more than seven days of work as a result

If you are employed by an agency to provide “companionship services,” such as caring for an elderly person, the rules about overtime and a required day of rest do not apply to you.

If you complain to your employer or the Labor Department about a violation of these labor laws, your employer cannot retaliate against you. To file a complaint with the Labor Department, call 1-888-52-LABOR

The Domestic Workers’ Bill of Rights protects you from certain forms of harassment by your employer. Your employer cannot subject you to unwelcome sexual advances or other verbal or physical actions of a sexual nature. They cannot harass you based on gender, race, religion or national origin and they cannot retaliate if you file a complaint. You can file an official complaint in court or with the New York State Division of Human Rights. You can get information at www.dhr.state.ny.us or by phone at 1-888-392-3644.To learn about low-cost health insurance for you and your family, visit the New York State Department of Health web site at www.nyhealth.gov.

Information for Employers of Domestic Workers

If you employ a domestic worker or workers, you must:

• Provide the minimum benefits listed on the reverse

• Pay your worker(s) weekly

• Not deduct money from your worker’s pay without written permission

(Deductions must be authorized by law and for the worker’s benefit. You may not make deductions from your worker’s wages for breakage or other such reasons. You must give your worker a written notice that lists all deductions.)

• Keep detailed payroll and time records of the hours your employee(s) work, wages paid and any deductions made from wages

• Give your employee a written notice about your policies on sick leave, vacation, personal leave, holidays and hours of work

• Give your employee a written notice that includes their regular and overtime rates of pay and their regular payday

(You can find this form at: www.labor.ny.gov/formsdocs/wp/ellsformsand publications.shtm.)

• Not retaliate against a worker(s) for complaining to you or to the Labor Department about alleged labor law violations

• File for and pay Unemployment Insurance contributions on behalf of your worker(s)

• Provide Workers’ Compensation Insurance coverage and Disability Benefit Insurance coverage for any employee(s) who work(s) at least 40 hours per week. There are federal and state tax obligations for both employers and workers. For information about your tax responsibilities, see the New York State Department.

 

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