New rules leave field for domestic workers

Law ensures fair wages, rights and protections

By: Daniel Munoz
NorthJersey.com
USA Today Network - New Jersey

..... A new law took effect on July 1 [2024] granting sweeping rights to an estimated 50,000 domestic workers across New Jersey.
..... The newly-minted "domestic worker bill of rights" - which Governor Phil Murphy signed in January [2024] - provides workplace protections for domestic service workers such as housekeepers, in-house child care providers and gardeners.
..... "This law is a crucial step to ensuring the fair wages, safe working conditions, and dignity every worker deserves, and to empowering those who are often overlooked yet play an essential role in the daily lives of others," said New Jersey Labor Commissioner Robert Asaro-Angelo, whose department will enforce the new rules.
..... As of July 1, [2024] domestic workers are owed the state's minimum wage of $15.13 an hour, something from which this category of workers were exempt.
..... The new law, also provides for anti-discrimination and anti-harassment rights, requires a written contract between workers and employers, and requires meal times, paid breaks and advance notice prior to termination.
..... Jenn Stowe, executive director of the national Domestic Workers Alliance, called the law a "genuine show of respect for the dignity and invaluable work of domestic workers."
..... Other states have similar laws in place, including Connecticut, Massachusetts and New York.
..... Contracts have to lay out job ditties, wages, work schedule, breaks - including sleeping periods, leave and paid holidays - and transportation and housing details.
..... Contrast cannot include mandatory arbitration agreements, nor can they include non-competes or certain confidentiality agreements.
..... Under the law, employers have to provide domestic workers a 10-munite break for every four hours worked, and a 30-minute meal reach after every five hours worked.
..... Live-in workers cannot be made to work more than six days in a row without 24-hour rest break, which can be unpaid.

Privacy and discrimination protections

..... Employers cannot keep a worker's personal documents, such as passports. And they're barred from recording workers while using the bathroom, in their living space or while they get dressed.
..... Employers cannot "monitor or interfere" with phone calls and emails.
..... Domestic workers can use their employer over discrimination and harassment.

Paid leave

..... Domestic workers are now entitled to workers compensation, unemployment insurance, temporary disability insurance and family leave.
..... To receive unemployment, a domestic worker has to be authorized to work in the U.S.

Violations and penalties

..... The law affords workers the ability to take their employer to civil court for any violations of their rights.
..... Violations can result in fines for employers ranging from $975 to nearly $14,000.

Who is exempt

..... The new law includes carve-outs for certain workers. That includes dog walkers and house-sitters, workers at a home-based business such as a day care, and trade workers such as roofers, plumbers, masons and painters.
..... Exemptions also apply to "casual workers" - those with an irregular schedule and doing a job that's different from their usual worker - such as a babysitter.

How to file a complaint

..... Workers who believe their rights have been violated can file a complaint Online or by calling 609-292-2305.

..... Daniel Munoz covers business, consumer affairs, labor and his economy for NorthJersey.com and The Record. email: munizd@northjersey.com; twitter @danielmunoz100 and Facebook.

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