New York Domestic Workers Bill Awaiting Gov. Patterson's Signature

The New York State Assembly and State Senate have both passed legislation known as the Domestic Worker's Bill of Rights. According to news reports, the legislation that emerged from conference includes standardized work weeks, one day off each week, three paid days off each year and overtime pay.

Overtime pay for hours over 40 in a week is a protection already offered to all live out nannies, housekeepers, and elder care workers under Federal law. The New York law stipulates overtime from hours over 8 worked in a day.
Clarification: Early news reports appear to have gotten this wrong.

The NY State Legislation actually reads:S 170. HOURS OF LABOR FOR DOMESTIC WORKERS. NO PERSON OR CORPORATION EMPLOYING A DOMESTIC WORKER AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER, SHALL REQUIRE ANY DOMESTIC WORKER TO WORK MORE THAN FORTY HOURS IN A WEEK, OR FORTY-FOUR HOURS IN A WEEK FOR DOMESTIC WORK ERS WHO RESIDE IN THE HOME OF THEIR EMPLOYER; UNLESS THEY RECEIVE COMPENSATION FOR OVERTIME WORK AT A RATE WHICH IS AT LEAST ONE AND ONE HALF TIMES THE WORKER'S NORMAL WAGE RATE.


It appears some of the more contentious protections considered, including notice of job loss and employer provided health insurance, were dropped in the conference committee to win passage. Governor Patterson is expected to sign the legislation.

In related news, a New York Times op-ed piece titled Pay your Nanny on the Books, suggests "considering the difficulties in enforcing such laws, families that employ domestic workers must be persuaded to forgo the considerable short-term advantages offered by an under-the-table system...A workplace so ungoverned is the Wild West, rife with temptation for exploitation and abuse. Even laws like the one New York may soon have can be only a first step. Because so many of the workers they are meant to protect are undocumented, few will want to come forward to report violations."