Leonila Vega
On June 1, the New York State Senate voted 33-28 to pass the Domestic Worker Bill of Rights. This is a great victory for domestic workers who have been excluded from many basic labor protections. The Domestic Workers Bill of Rights shows a clear indication that some states are ready to implement change for individuals in industries – like direct care – who are not receiving basic labor protections. This success is closely tied to direct care workers; domestic workers and direct care workers have both traditionally worked in environments with low pay, long hours, and no heath care or sick leave.
Domestic Workers United was instrumental in shaping this Bill of Rights. Provisions include improvements to domestic workers’ employment conditions and requirements for paid sick leave, paid vacation time and days of rest. It also sets guidelines for proper employment termination.
The Direct Care Alliance would like to offer its congratulations and support to Domestic Workers United. The passage of this bill is a significant achievement and a great way to inspire progress for other unprotected workers. We look forward to working with our allies to secure protections for all direct care workers.
Definition of “Domestic Worker”
“DOMESTIC WORKER” MEANS A PERSON EMPLOYED IN A HOME OR RESIDENCE , FOR THE PURPOSE OF CARING FOR A CHILD, SERVING AS A COMPANION TO A SICK, CONVALESCING OR ELDERLY PERSON, HOUSEKEEPING, OR FOR ANY OTHER DOMESTIC SERVICE PURPOSE. “DOMESTIC WORKER” DOES NOT INCLUDE ANY INDIVIDUAL WHOIS ENGAGED IN PROVIDING COMPANIONSHIP SERVICES, AS DEFINED IN S 35 213(A)(15) OF THE FAIR LABOR STANDARDS ACT OF 1938, AND WHO IS EMPLOYED BY AN EMPLOYER OR AGENCY OTHER THAN THE FAMILY OR HOUSEHOLD USING HIS OR HER SERVICES. “DOMESTIC WORKER” ALSO DOES NOT INCLUDE ANY INDIVIDUAL WHO IS ENGAGED AS AN AU PAIR AS IS SET OUT IN TITLE 22, SECTION 62.31 OF THE CODE OF FEDERAL REGULATIONS.
Key Provisions
Domestic workers:
- Cannot be required to work more than 8 hours per day
- Are entitled to 24 hours of rest per calendar week
- Working 40 hours per week are entitled to 7 days of paid sick leave each year
- May be terminated only by written notice 14 days in advance of termination
