Domestic Workers Rights

California Bill of Rights

The California Bill of Rights (AB 241) was signed into law by Governor Jerry Brown on September 26, 2013, and went into effect on January 1, 2014. AB241 extends overtime protections to personal attendants who care for and support thousands of individuals and families in California. Read more about the Bill of Rights in California. The law doesn't provide discrimination and harassment protections

Companionship and Care Providing

Covered under the FLSA from 1 January 2015 for overtime pay and minimum wage: Home health care workers, home care aides, certified nursing assistants. 

Exempt form minimum wage and overtime are employees providing "companionship services" that exceeds more than 80% of their workweek. This exemption is only available to the individual, family, or household solely or jointly employing the worker, the exemption is not available for third party employers or direct care workers (like home care staffing agencies).  Third party employers must pay their workers the federal minimum wage and overtime.

If employees provide more than 20% of their workweek on caring tasks all employers must pay minimum wage and overtime. Read more at Overtime Pay Home Care Aides

Connecticut Domestic Workers Bill of Rights

July of 2015 Governor Malloy signed the Connecticut Domestic Workers Bill or Rights. This Bill will provide discrimination and harassment protections at companies who employ three or more domestic workers. It gives protection on minimum wage, overtime pay and paid leave. Read more about the Domestic Workers Bill of Rights.

Hawaii Bill of Rights

Gov. Neil Abercrombie signed a domestic workers bill of rights in 2013, making Hawaii the second U.S. state to give nannies, housekeepers and others protection on minimum wage, overtime pay and other labor issues. The law also protects domestic workers who experience sexual or racial harassment. The law went in effect on July 1st, 2013. Read more about the Hawaiian Domestic Workers Bill of Rights.

Illinois Domestic Workers’ Bill of Rights

On August 21, 2016, Illinois Governor Bruce Rauner signed into law the Illinois Domestic Workers’ Bill of Rights, making Illinois the 7th state to give domestic workers protection on overtime pay, minimum wage, rest days. Discrimination and harassment protections are limited to employers with 15 or more employees The law goes into effect January 1, 2017. Read more on the Illinois Domestic Workers' Bill of Rights.

Massachusetts Bill of Rights Passes State Senate

Governor Patrick signed into law a Domestic Workers’ Bill of Rights on Wednesday July 2, 2014, making Massachusetts the fourth state in the country to provide protection for nannies and housekeepers providing discrimination and harassment protections, minimum wage, overtime pay and rest days. Domestic workers in Massachusetts also have an affirmative right to privacy, prohibiting employers form monitoring, restricting or interfering with their private communications.

New York Bill of Rights

In July 2011 New York passed the nation's first Domestic Worker Protection Law. The New York legislation gives in-house workers like housekeepers and nannies basic labor protections like overtime pay, guaranteed sleeping time, five-day workweeks, as well as meal and rest breaks. The law also expanded the protections of the New York Human Rights Law to cover these workers, and created a special cause of action for domestic workers who experience sexual or racial harassment. Read more about the Domestic Workers Bill of Rights of New York.

Oregon Domestic Workers' Bill of Rights

June 2015 Gov. Kate Brown signed the Oregon Domestic Workers' Bill of Rights into law, extending provisions for overtime pay, rest periods, paid personal time off and protections against sexual harassment and retaliation to an estimated 10,000 domestic workers in Oregon.

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