NYS Domestic Workers' Bill of Rights

lol!

What is so funny about it NYCMatt?

generalogoun, here's a couple of additional key points:

"The law applies to everyone regardless of their immigration status. Workers also do not need to be "on the books" to be protected by the legislation.

Domestic workers will now also be able to take their employers to court and the state Department of Labor and the attorney general will able to sue on their behalf, as well."

Seems reasonable. I guess pay min wages and promise a minimum amount of overtime (Whether needed or not) will become the norm.

I doubt I will ever have any domestic help but I am curious about one thing... What if someone contracts domestic help on a salary basis? After all there are many who work ridiculous hours who are not "management" and not subject to overtime or restricted to an amount of work?

What if someone contracts domestic help on a salary basis? After all there are many who work ridiculous hours who are not "management" and not subject to overtime or restricted to an amount of work?

this is what i thought, too. many, if not most, white collar jobs in manhattan require one to abandon any semblance of a fulfilling personal life and work around the clock, either at the office or constantly on call with the damn 'conveniences' that make everyone's life easier by helping them stay 'connected'.

"What is so funny about it NYCMatt?"

I don't know a single nanny who works only 8 hours.

It's impossible, actually; for MOM to work 8 hours, nanny would have to get there at least a half hour before Mom leaves for work, and at least a half hour after Mom leaves work in the evening.

And if you think these women are routinely getting time and a half for all this, you're living in la-la land.

NYCMatt, I believe the law will NOT have much effect on the compensation for most of the domestic workers. However, I think the law will reduce some of the abusive behaviors listed. Protection for workers regardless of immigration status and "off the books" arrangements are very important parts of the new law since these workers are more likely to be the victims of abusive employers. Who knows, maybe these laws will also reduce the number of illegal domestic workers and "off the book" arrangements when lawsuits against their employers become more common.

Right.

Because illegals are always quick to march down to the nearest courthouse to sue their employers for abuse.

No NYCMatt, they are not "always quick to march down to the nearest courthouse to sue their employers." There's always risk and reward calculations involved. However, since the state Department of Labor and the attorney general will also be able to sue on their behalf, it will increase the chances of the abusive employers being sued. Labor agencies are forbidden by law from enforcing immigration laws.

Are you saying the new law is not a big win for domestic workers since you're laughing at it? Or is it that you do not believe they deserve such rights?

The AG isn't suing a NYS taxpayer and voter on behalf of an illegal.

Thanks, Sunday, for adding those provisions. It's easy to scoff but whether or not Matt -- or anyone -- likes it, domestic workers in NYS have some basic labor rights now.

Domestic workers have been traditionally excluded from labor and employment protections such as the FLSA, OSHA and bargaining under the NLRA. This situation is beginning to change due to the efforts of organizations like Domestic Workers United. The New York State law will bring some decency to the lives of the full-time workers who are most likely to need food stamps and lack health insurance for themselves and their children and who have a one-in-five chance of living below the poverty level.

Domestic workers have often been treated like personal property or otherwise abused by their employers (note that I did not say always or by every employer). Housekeepers, nannies and caregivers in NYS now have guaranteed overtime, days off, some paid vacation days, holidays and sick days; as well as advance notice of termination or severence pay in lieu of notice. They have the right to be protected against abusive employers. Most important, to my mind, is the fact that they can file complaints at state agencies that will represent them and give them due process.

Sure, it will take awhile for domestic workers to begin to feel entitled to their new rights. That's the way these things work. It took more than a decade for women to begin to file complaints about gender discrimination in meaningful numbers. And will the new law change the behavior of the employers of domestic workers? Well, it's been almost 50 years since the Civil Rights Act was passed (and 20 years since it was amended to give employees an incentive to file claims) and tens of thousands of employment discrimination claims are still filed every year. That doesn't make the new domestic workers law any less necessary or important.

Several people asked whether employers can do an end run around the new laws by pretending that their nannies are "management." The federal FLSA and the NYS equivalent set forth categories of workers so that employers can't avoid following the law. The NYS DOL, in particular, has been active in the past few years in ferreting out employers who try this.