Domestic Workers Bill of Rights takes effect

Effective Nov. 29, 2010, the Domestic Workers Bill of Rights took effect, which among other things forces homeowners to provide workers' compensation and disability coverage to their domestic employees.

This legislation was the result of an agreement between the governor and the Legislature and will serve to protect domestic workers against potential abuse and mistreatment. In addition, the Domestic Workers Bill of Rights will help ensure that domestic workers are provided with industry-specific protections and labor standards.

Among other provisions, this bill will provide:

• the right to overtime pay at time-and-a-half after 40 hours of work in a week, or 44 hours for in-home workers;
• a day of rest every seven days, or overtime pay if it is waived;
• three paid days of rest annually after one year of work;
• the removal of the domestic workers' exemption from the Human Rights Law, and the creation of a special cause of action for domestic workers who suffer sexual or racial harassment;
• the extension of statutory disability benefits to domestic workers, to the same degree as other workers;
• a study by the commissioner of labor on the practicality of extending collective-bargaining rights to domestic workers; and
• an extension of the state's Labor Law to domestic workers, meaning that the eight-hour workday and $7.25 minimum wage apply.

Domestic workers
Domestic workers are generally defined as someone working in the home to care for a child, serving as a companion for a sick or elderly person, housekeeping or for any other domestic service purpose. Generally, workers' compensation coverage would be provided under a homeowners policy for domestic employees; however, this new law makes the coverage mandatory for workers over the 40 hours-per-week threshold. So, now homeowners must obtain coverage for their domestic employees if they exceed the 40-hour threshold.