On Tuesday, August 31 2010, NYS Governor Paterson signed the Domestic Workers Bill of Rights into law, which takes effect November 29, 2010. The signing of the new law was to amend the labor law, the executive law and the workers' compensation law, in relation to establishing regulations regarding employment of domestic workers including hours of labor, wages and employment contracts.
The Domestic Workers Bill of Rights had many amendments, thus leaving out some proposed items passed by the Assembly as well as items that were passed separately by the Senate earlier this year.
The final Domestic Workers Bill of Rights that was signed into law now establishes the following effective 11/29/10:
Labor Standards:
- One day of rest every calendar week, waivable by the worker with pay for that day at the overtime rate of 1 and a 1/2 times their regular hourly rate. The day of rest will, whenever possible, coincide with the traditional day of religious worship.
- After 1 year of work with the same employer, 3 days of rest per year at the regular rate of compensation.
- It will be an unlawful discriminatory practice for any domestic employer to:
a) engage in unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature to a domestic worker when:
i. submission to such conduct is made a term or condition of the worker's employment;
ii. submission to or rejection of such conduct by a worker is used as the basis for employment decisions; or
iii. such conduct has the purpose or effect of unreasonably interfering with a worker's job performance by creating an intimidating, hostile or offensive working environment; or subject a domestic worker to harassment based on gender, race, religion or national origin, where such harassment has the effect of unreasonably interfering with work performance by creating a hostile working environment.
Wage and Hour
- Consistent with the current law, Overtime pay after 40 hours of work per week for domestic workers who do not live with their employers. And overtime pay after 44 hours of work per week for live-in domestic workers at a rate of 1 and a ½ times their regular hourly rate.
- Department of Labor is given wage and hour enforcement powers for domestic workers.
Insurance
a) Disability Insurance to part time domestic workers. *
*According to the ACTs summary provisions' Disability Insurance was listed as it would be required for Part time domestic workers. However when GTM contacted the NYS Workers Compensation Board, who enforces disability and workers' compensation insurance requirements, they said the law had not actually changed and it is still a 40 hour minimum before domestic employers are required to have disability and workers compensation insurance. We will continue to monitor this to see if that opinion changes.
GTM recommends that all NYS employers review these changes and make changes to their current employment agreements and handbooks by or on November 29, 2010.
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At GTM we aim to provide access to the most comprehensive services & solutions available with better advice, better service and better value...for an easier life! With nearly 20 years of advocacy for the professionalism of the household employment industry, New York based, GTM Payroll Services has been continually guiding and educating thousands of clients throughout the U.S. with services for household employment such as "nannytax", labor compliance, human resources help, workers' compensation and health insurance needs. Additionally, Guy Maddalone's How To Hire A Nanny: A Household HR® Handbook (Sourcebooks/Sphinx Legal, 2006) has helped set the standard for any family interested in learning how to be a compliant and successful employer.
GTM will continue to monitor this landmark legislation to provide ongoing support to aid you with all of your household employment needs.
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The items included in this blog are informational only and are not meant to exclude the tax advice from an accredited representative. Please consult the experts at GTM or another professional tax adviser for more information and to determine how any item applies to your personal tax scenario.
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