Effective January 1, 2022, all Chicago employers of nannies, care workers, and home cleaners must provide their workers with a written contract in their preferred language. This is not the first city or state to legislate the rights of domestic workers. Additionally, ten states and two other cities have already passed bills of rights for domestic workers. Pending bills of rights have been introduced in the House, New Jersey, and Washington DC. San Francisco is in the process of passing its own.
As an employer of a care worker, it’s important that you’re on top of minimum wage laws, paid sick leave laws, contracts, nanny taxes, and more. All of this truly can feel overwhelming, but you don’t have to navigate this alone. Our friends at GTM Payroll Services are the experts when it comes to properly managing in-home care for your family. To make things easier, Sittercity families get a free setup! All backed by a team of household employment experts available by phone, email, and chat. Sign up online or call (800) 929-9213 for a free, no-obligation consultation.
Here are the states and cities that have passed domestic workers’ bills of rights and other employee protections.
California’s Domestic Worker Bill of Rights extends overtime pay rights to certain personal attendants working in the home who were not previously entitled to overtime pay under California law (Wage Order No. 15, governing household occupations). Personal attendants covered by this law are now entitled to overtime pay at 1.5 times their regular rate of pay for any hours worked in excess of nine (9) hours in a day or in excess of 45 hours in a week.
Learn more about California’s Domestic Worker Bill of Rights.
- Domestic Workers have the right to make the minimum wage. As of August 1, 2021 all domestic workers must earn a minimum of $15 per hour.
- Domestic workers have a right to paid time off. If they for a single employer for 80 hours over a four-month period, they are entitled to earn paid sick leave.
- Domestic Workers have the right to a day off. They have the right to at least 24 hours off within 7 days.
- Domestic Workers have the right to overtime pay. If they work more than 40 hours in a calendar week they have the right to receive overtime pay.
- Domestic Workers have the right to a break. They have a right to a 20-minute break for every 7.5 hours worked in a shift.
- Domestic Workers have the right to be free from sexual harassment and discrimination. If you experience sexual harassment in your workplace, you can email a complaint form to IDHR.Intake@illinois.govor for more options visit IDHR’s website. You can also file a complaint with the City of Chicago’s Commission on Human Relations (CCHR).
- Domestic Workers have the right to a written contract. As of January 1, 2022, all domestic workers have a right to a written contract in their preferred language.
Here’s more information and guidelines about being a household employer from the city of Chicago.
Connecticut’s Domestic Workers’ Bill of Rights applies to employers with three or more household workers. The law ensures that employees have discrimination and harassment protections in the workplace. Here’s more information on Connecticut household employment.
Hawaii’s Domestic Worker Protection law requires household employers to provide their employees with specific wage and employer information on their pay stubs including rates of pay and total hours, as well as listing the employer name and address on the pay stub. Employers must also maintain accurate and timely wage recordkeeping. The law also establishes basic rights and protections for household employees. They must be paid at least minimum wage and overtime for hours worked over 40 in a week. Overtime also applies to live-in employees.
The Domestic Worker Protection law also makes it illegal for a household employer, even if they have just one employee, to discriminate against a household employee in compensation or in terms, conditions, or privileges of employment because of race, sex, including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, or marital status. Prohibited discrimination includes sexual harassment in the form of pressure to engage in unwelcome sexual activity; sexual assault; verbal harassment or abuse that is racial or sexual in nature and creates a hostile work environment; and unequal pay based on race, ancestry, or other prohibited bases.
Learn more about Hawaii’s domestic worker protection laws.
Household employees in Illinois who are regularly employed for at least eight hours a week receive added protections under the state’s Domestic Workers’ Bill of Rights. Live-in employees and workers employed by an agency are also included. Occasional babysitters are excluded.
Under the Illinois Domestic Workers’ Bill of Rights, household employees must receive:
- An hourly pay rate of at least minimum wage
- At least 24 hours of rest in each calendar week and a 20-minute meal break for every 7 1/2 hours worked. The employee’s day of rest should, whenever possible, coincide with their religion’s traditional day of worship.
- Protections against sexual harassment
- Safeguards from being paid “an oppressive and unreasonable wage”
- If a household employee voluntarily agrees to work on their day of rest, they need to be compensated at an overtime rate for all hours worked that day.
Part-time employees – working 20 or fewer hours in a calendar week – are excluded from the day of rest requirement. Learn more about Illinois’ Domestic Workers’ Bill of Rights.
Under Massachusetts’ Domestic Workers’ Bill of Rights, household employees must receive:
- Pay for all working time when required to be on their employer’s premises or on duty
- At least 24 consecutive hours of rest per week if they work at least 40 hours/week
- Overtime pay of at least time and a half for hours worked over 40 in a week or if they work on their day of rest
- Eight weeks of maternity leave for the birth or adoption of a child
- A written employment agreement that includes their rate of pay, overtime pay rate, working hours, days of rest, sick days, vacation days, holidays, health insurance, severance, other benefits, job responsibilities, process for addressing grievances, right to workers’ compensation, and required notice for termination by the employer.
- A written evaluation, if requested, after three months of employment and then annually thereafter
- Protection against retaliation (can’t be fired or discriminated against when seeking fair wages and overtime)
- Also, a household employer must keep all notices, payroll records, and work agreements for at least three years.
Learn more about Massachusetts’ Domestic Workers’ Bill of Rights.
Under Nevada’s Domestic Workers’ Bill of Rights, household employers must provide a written agreement in English or other language understood by the employee. The agreement must include, among other items:
- Description of job duties
- Notice of all federal and state laws applicable to domestic employment
- Workdays and hours of work, including break times
- Rate of pay and conditions of overtime
- Other payment and benefits, including health insurance, workers’ comp, and paid leave
- Frequency and method of payment
- Any applicable live-in employment conditions
Domestic workers must be paid at least the Nevada minimum wage, and payment must be made for all working hours, including sleep time and meal breaks if the worker is required to be on duty at those times. Hourly employees in Nevada are entitled to a special overtime pay rate of at least 1.5 times their regular hourly wage for all overtime worked if they work over 40 hours in a week. Overtime compensation is not required for live-in employees.
Employers must provide a minimum rest period of 24 hours each calendar week, and a minimum of 48 consecutive hours per calendar month, for all domestic workers hired to work at least 40 hours per week. The employee may agree in writing to work on a scheduled day off, but must be paid for all time worked.
A record of all employee wages and hours worked must be kept by the employer.
If an employer terminates a live-in worker’s employment without cause, written notice must be provided by the employer, as well as a minimum of 30 days of lodging for the employee, either at the employer’s home or an off-site location.
A domestic worker’s paperwork or personal items may not be taken by the employer. Employers are prohibited from restricting, interfering, or monitoring an employee’s cell phone or other communication devices.
Learn more about Nevada’s Domestic Workers’ Bill of Rights.
New Mexico’s Domestic Service in Minimum Wage Act ends the exemptions for household employees from New Mexico’s wage laws including minimum wage standards. Household employers are required to pay their workers minimum wage and overtime, keep records, and pay employees in full and on time. The New Mexico Department of Workforce Solutions can investigate complaints, enforce a household employee’s rights, recover their wages and assess damages.
Learn more about New Mexico’s Domestic Service in Minimum Wage Act.
New York’s Domestic Workers’ Bill of Rights covers full-time workers including immigrants regardless of their immigration status. Relatives and part-time workers like baby sitters aren’t included.
Under the law, household employees must receive:
- An hourly pay rate of at least minimum wage
- Overtime pay of at least time-and-a-half for hours worked over 40 in a week (44 hours for live-in employees)
- At least three paid days off after one year of employment with the same employer
- At least one day of rest per week. Employees can agree to work on their day of rest at an overtime pay rate. Employers are encouraged to coincide the rest day with the employee’s day of worship (if they have one)
- Written notice on work policies including sick leave, vacation, personal leave, holidays, hours of work, pay rate, overtime rate, and payday
The law also requires household employers to pay unemployment insurance, obtain workers’ compensation insurance, and acquire disability insurance.
Learn more about New York’s Domestic Workers’ Bill of Rights.
Under Oregon’s Domestic Workers’ Protection Act, household employees must:
- Receive at least one day off per week; if they work on their day off, they must receive overtime pay for each hour worked.
- Get at least eight hours of time off during a 24-hour period if they are a live-in employee and be provided a space with adequate conditions for uninterrupted sleep.
- Receive overtime pay of at least time-and-a-half for hours worked over 40 hours in a week; or 44 hours for live-in employees.
- Get at least three personal leave days each year if they have worked an average of at least 30 hours per week during the previous year.
- Have the right to cook their own food in the home, subject to reasonable restrictions based on the religious or health needs of the home’s residents.
- Enjoy protections under state laws regarding sexual harassment or harassment based on gender, race, national origin, religion, disability, or sexual orientation.
The law doesn’t cover in-home caregivers for seniors and persons with disabilities; occasional babysitters; independent contractors; or the employer’s parent, spouse, or child under 26-years old.
Learn more about Oregon’s Domestic Workers’ Protection Act.
Philadelphia’s domestic worker bill of rights law guarantees several labor rights for the city’s 16,000 household employees. It is considered one of the strongest laws in the nation that protects domestic workers.
Household employers are now required to provide their workers with written employment contracts, meal and rest breaks, paid and unpaid leave, and other protections.
Learn more about Philadelphia’s Domestic Workers’ Bill of Rights and get resources from the city.
Seattle’s domestic worker protection law provides minimum wage, days of rest, civil rights protections, and meal break rights to nannies, senior caregivers, and other employees who work in a private home. The law includes full-time, part-time, and temporary household employees. Household employers must also follow document retention rules.
Learn more about Seattle’s domestic worker protections.
Under the bill SB 1310, worker protections are expanded to household employees by ensuring they are covered by workplace health and safety requirements as well as the Virginia Human Rights Act, which prohibits employment discrimination based on race, religion, age, gender, sexual orientation, among other groups. Domestic workers are also not to be excluded from worker protection laws regarding the payment of wages. A household employee will now be able to bring an action against their employer if they are in violation of the Virginia Human Rights Act.
What is in the Virginia Domestic Worker Bill of Rights:
- Freedom from discrimination and harassment
- Health and safety standards
- Recognition and respect for the essential work Virginia’s domestic workers do
- Paid sick days for home health care workers who serve patients with Medicaid coverage