New York Domestic Workers 'Bill of Rights' Update
NY Governor Patterson (D) announced he will sign the legislation (A1470B/S2311E) and the provisions of the bill take effect in November 2010.
I have some updates and clarification to earlier media reports.
1. Overtime: The bill provides overtime for hours worked over 40 in a week by a live out (come and go) domestic, and overtime over 44 for live in domestics. This does NOT make any change to former law. Federal labor law (FLSA) stipulated overtime for live out domestics since 1974, and NYS law provided the benefit to live ins working over 44 hours a week as long as I have been in the business (predated 1993).
2. Domestic service workers must be paid on a weekly basis.
3. The companionship exemption provided in the FLSA is retained in the NYS legislation.
4. Worker's Compensation Insurance and Disability Insurance are still required for household employment when the domestic (nanny, housekeeper) works 40 or more hours on an average week.
5. The NY Commissioner of Labor is directed to report to the governor, the speaker of the assembly and the temporary president of the senate before November 1, 2010 on the feasibility and practicality of allowing domestic workers to organize for purposes of collective bargaining.
6. The domestic worker must have one 24 hour period per week off from work, but may agree to work that 7th day. In this case the 7th day worked must be compensated at the overtime rate (apparently no matter the total hours worked in the 7 day week).
7. After one year of service, the domestic is entitled to 3 paid days of leave (sick, vacation, personal, etc.) at the regular rate of compensation.
8. Anti-discrimination provisions are included to protect the nanny from sexual or verbal harassment and abuse.
You can view the text of the legislation here.
RESOURCE: Tip Sheet for NYS Household Employers
I have some updates and clarification to earlier media reports.
1. Overtime: The bill provides overtime for hours worked over 40 in a week by a live out (come and go) domestic, and overtime over 44 for live in domestics. This does NOT make any change to former law. Federal labor law (FLSA) stipulated overtime for live out domestics since 1974, and NYS law provided the benefit to live ins working over 44 hours a week as long as I have been in the business (predated 1993).
2. Domestic service workers must be paid on a weekly basis.
3. The companionship exemption provided in the FLSA is retained in the NYS legislation.
4. Worker's Compensation Insurance and Disability Insurance are still required for household employment when the domestic (nanny, housekeeper) works 40 or more hours on an average week.
5. The NY Commissioner of Labor is directed to report to the governor, the speaker of the assembly and the temporary president of the senate before November 1, 2010 on the feasibility and practicality of allowing domestic workers to organize for purposes of collective bargaining.
6. The domestic worker must have one 24 hour period per week off from work, but may agree to work that 7th day. In this case the 7th day worked must be compensated at the overtime rate (apparently no matter the total hours worked in the 7 day week).
7. After one year of service, the domestic is entitled to 3 paid days of leave (sick, vacation, personal, etc.) at the regular rate of compensation.
8. Anti-discrimination provisions are included to protect the nanny from sexual or verbal harassment and abuse.
You can view the text of the legislation here.
RESOURCE: Tip Sheet for NYS Household Employers
 | The Department of Labor has stepped up wage and hour enforcement in 2010, as well as prosecuting misclassification of employees as independent contractors. Protect yourself against claims by disgruntled household employees - nannies, housekeepers and maids. Learn more about the "nanny tax" and the employer's legal and financial obligations! Download HomeWork Solutions' free e-Book, the Nanny Payroll Tax Quick Start Guide. |
posted by Kathleen Webb at
08:09
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