New York Governor David Paterson signed the nation’s first Domestic Workers’ Bill of Rights into law on August 31.

The new law requires that labor protections be extended to home care workers, nannies, and housekeepers. It will provide protections for about 270,000 domestic workers estimated to be working in New York State, including 200,000 domestic workers in New York City alone.

Overtime, Days Off, and a Paid Holiday

For the first time, home care workers in New York State who are not employed by agencies will be entitled to:

• overtime pay at time and a half of their regular wage for hours worked beyond the 40-hour work week (previously they were only entitled to time and half of the state minimum wage);
• overtime pay at time and a half of their regular wage for hours worked beyond 44 hours for workers who live in their employers’ private homes (previously these workers were exempt from both overtime and minimum wage under state and federal law);
• at least one day off from work every week, or time-and-a-half overtime if the worker voluntarily agrees to work on his or her day off; and
• three paid days off annually, after they are on the job for a year.

The New York Domestic Workers’ Bill of Rights also contains provisions that:

• provide eligible domestic workers with protections against sexual harassment and discrimination; and
• mandate that the New York State Commissioner of Labor conduct a feasibility study on the practicality of extending collective bargaining rights to domestic workers.

The law affects domestic workers regardless of their immigration status and will take effect 90 days from when the bill was signed.

Most Home Care Workers are Exempt

“Under the New York Domestic Workers’ Bill of Rights, home care workers who do not work for agencies will finally receive the basic overtime protections that virtually all other workers have had for decades,” said Paul Sonn, legal co-director, National Employment Law Project (NELP).

“But home care workers employed by agencies are still afforded weaker protections. The U.S. Department of Labor can and should close this last loophole by issuing new federal regulations,” Sonn said.

Campaign to Extend Labor Protections

To extend labor protections to all home care workers across the nation, PHI and other organizations, including NELP, have called on Labor Secretary Hilda Solis to revise the “companionship exemption” in the federal Fair Labor Standards Act (FLSA).

PHI also launched a social media campaign urging Secretary Solis to end the exclusion of home care workers from minimum wage and overtime protections. Since then, the Secretary has agreed to review the FLSA regulations.

– by Deane Beebe