What Legal Protections Do Domestic Workers Have in New York State?

Domestic workers play an essential role in many households. They provide child care, housekeeping, cooking, elder care, and other in-home services. For many years, the law excluded them from basic labor protections. That changed in New York State with the passage of key laws that now provide stronger rights and protections for domestic workers.

If you are a domestic worker or employ someone in your home, it’s essential to understand the legal requirements.

Domestic Workers’ Bill of Rights

New York was the first state to pass a Domestic Workers’ Bill of Rights. This law, which took effect in 2010, expanded protections to nannies, housekeepers, and caregivers who work in private homes. It covers both full-time and part-time workers, regardless of whether they live in their homes or not.

Under the law, domestic workers in New York are entitled to:

Overtime pay: You must receive one and a half times your regular rate for hours worked over 40 in a week. If you live in your employer’s home, overtime begins after 44 hours.
A day of rest: You are entitled to at least one full day of rest each week. If you agree to work on that day, your employer must pay you time-and-a-half.
Paid time off: After one year of work with the same employer, you earn three paid days off per year.
Protection from harassment: Employers cannot harass domestic workers based on gender, race, religion, sexual orientation, national origin, or other protected traits.

These protections apply to most domestic workers, but there are exceptions. For example, casual babysitters and family members who provide care are not covered by the law.

Minimum Wage and Paid Sick Leave

The state’s minimum wage laws cover domestic workers in New York State. The current wage depends on where you work. For example, the minimum wage in New York City is higher than in other parts of the state. All domestic workers must be paid at least the applicable minimum wage.

In addition, New York State’s paid sick leave law applies to domestic workers. You earn one hour of sick leave for every 30 hours worked. The amount of leave you can use depends on the size of your employer. This law ensures that you don’t have to choose between your health and your paycheck.

Protection Against Discrimination

The New York State Human Rights Law protects domestic workers from discrimination and harassment. You cannot be mistreated because of your race, gender, age, disability, or other protected status. You also have the right to work in an environment free from sexual harassment.

These protections apply even if you are the only employee in a private household. The law specifically includes domestic workers under its coverage.

Workplace Safety and Workers’ Compensation

Employers of domestic workers are required to provide a safe work environment. If you work 40 or more hours per week, your employer must also provide workers’ compensation insurance. This coverage helps pay for medical bills and lost wages if you get injured on the job.

Some employers also need to provide disability benefits. These benefits apply to non-job-related injuries or illnesses that prevent you from working.

What Employers Should Know

If you employ a domestic worker in your home, you must follow these laws. You must track hours, pay the correct wage, provide required time off, and carry any necessary insurance. Written agreements and clear communication help avoid misunderstandings and ensure legal compliance.

Failing to follow labor laws can result in penalties. It can also lead to claims with the New York State Department of Labor or lawsuits in court.

When to Contact an Attorney

If you are a domestic worker who is not receiving fair pay, sick leave, or respectful treatment, you have rights. The law protects you, even if you are paid in cash or do not have a written contract. If your employer has violated your rights, an experienced attorney can help.

At Borrelli & Associates, P.L.L.C., we fight for domestic workers across New York State. If you’re facing unpaid wages, unsafe working conditions, or harassment, let’s discuss your options. We’ll help you understand your rights and take action to protect your job and your future.