Household help is a lifesaver for many families. Caregivers who look after young children, aging parents, pets or homes can reduce a lot of stress. But for all the relief they bring to you, you might be surprised to know that these household employees (or domestic workers) are among the most unprotected group of workers, with few federal protections for discrimination, harassment, days off or vacation time.
But states are slowly adopting or at least debating a Domestic Workers Bill of Rights to change that.
“This work is real work and a formal relationship,” says Ai-jen Poo, director of the National Domestic Workers Alliance (NDWA), “and it should be treated as such.”
If you’ve heard about these changing laws and are wondering how they affect you, here’s advice to help.
State legislators in California, Connecticut, Hawaii, Illinois, Massachusetts, Nevada, New York and Oregon have passed their own versions of a Domestic Workers Bill of Rights. Each law is different, but they pertain to most household employees, including nannies, babysitters, senior caregivers and sometimes housekeepers who work in private homes.
Common themes in each law were expanding overtime, requiring written wage notices or contracts, mandating paid time off and including household employees in state laws governing workplace harassment and discrimination. If you want to know specifics based on where you live, Care.com HomePay always has the most up-to-date information on household employment laws by state.
For families living in other states
“As an employer, your responsibility is to stay current with any new legislation that will impact how you manage your household employee,” says Tom Breedlove, Sr. Director of
Care.com HomePay
. “Employers who choose not to comply are taking a risk.”
Your caregiver takes care of your family — you should take care of them in return. Even if Domestic Workers Bill of Rights laws haven’t reached your state yet, you should consider following adopting certain aspects of them. It will show your employee that you value their services and want to treat them like the professional they are. A great first step is to have a formal contract in place that lays out the details of their employment and any benefits they will receive. Use this sample contract as a starting point.
For questions about your responsibilities
“Lots of employers want to do the right thing,” says Poo. “They just need help.”
If you’re confused about a requirement in your state, you can call Care.com HomePay at (888) 273-3356, and they’ll be happy to explain what your responsibilities are. You can also reach out to an attorney who specializes in employment and labor practices.
If you’re a caregiver, read this article on What Caregivers Need to Know About the Domestic Workers Bill of Rights.
Your next steps:
