NYS Domestic Workers Bill of Rights

On Tuesday August 31, 2010, New York Governor David Paterson signed the Domestic Workers Bill of Rights into law. Under this legislation, New Yorkers who hire nannies, caregivers, housekeepers, elder companions, cleaners and baby-sitters to work in their homes will be responsible for ensuring that these employees work under reasonable conditions throughout the state. Domestic workers traditionally have been excluded from Federal labor laws and are often subject to many forms of abuse.

The Domestic Workers Bill of Rights now establishes the following:

• A legal work day of 8 hours, with overtime pay.
• At least one day of rest each week.
• Overtime pay, to be paid at time and a half, is to be paid for live-in workers after 44 hours a week and live-out workers after 40 hours. Overtime pay is required if the worker agrees to work on their day of rest, regardless of total hours worked in the week.
• 3 paid days off after one year of employment.
• Workplace protection against workplace discrimination based race, gender, sexual orientation, national origin, disability, marital status, and domestic violence victim status.
• Workplace protection against sexual harassment by employer.
• Workers are also covered for full-time and part-time temporary disability benefits.

This landmark legislation is the first of its kind and will likely spark a following in other states across the nation.

To find out how this new law may affect your income tax and payroll reporting, please call your Marcum LLP Tax Professional today.