Your Home Workers Have Equal Rights in New York State

September 22, 2010

New Yorkers that employ nannies/baby-sitters, caregivers, housekeepers, elder companions, drivers, etc. to work in their homes, should be aware of a landmark law regarding their rights. On August 31, 2010, Governor David Patterson signed the Domestic Workers Bill of Rights into law. The law goes into effect 90 days after the Governor signing and the respective agencies are in the process of mobilizing for these changes. Detailed information will be made available soon.

You will be responsible for ensuring that these employees work under reasonable conditions. This is a major change as, until now, domestic workers have not been included in the Federal labor laws.

The new Domestic Workers Bill of Rights now establishes the following:

    * A legal work day of 8 hours, with overtime pay.
    * At least one day of rest each week, or overtime pay if the day of rest is waived.
    * Overtime pay, to be paid at time and half, is to be paid for live-in workers after 44 hours a week and live-out workers after 40 hours.
    * 3 paid days off after one year of employment.
    * Workplace protection against workplace discrimination based race, gender, sexual orientation, national origin, disability, marital, and domestic violence victim status.
    * Workplace protection against sexual harassment by employer.
    * Workers are also covered for full-time and part-time temporary disability benefits.

If you have questions, please contact your Perelson Weiner partner.

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