Domestic workers are now protected under New York City’s Human Rights Law regardless of the number of persons employed by the employer. Domestic workers include any individual employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing, or elderly person, housekeeping, or any other domestic service purpose. Starting March 12, 2022, domestic workers will be protected from discrimination, harassment, and retaliation. Parents can no longer limit advertisements for a nanny by national origin for the purpose of exposing their child to multiple languages/cultures. An advertisement includes any written description of an available job, promotion or transfer opportunity publicized to a pool of potential applicants.
Equally as important, domestic workers must be paid at least minimum wage and overtime pay with a wage statement, one rest day per week, at least three paid days off per year, and paid sick leave. If a domestic worker becomes pregnant, she has the right to a leave of absence to recover from the pregnancy and may be eligible for disability benefits or paid family leave through New York State. This also means the employee will have the right to express breast milk upon returning to work.
Domestic workers’ employers also cannot inquire about domestic worker’s previous salary, prior arrests, credit history, nor can employees be asked to take cannabis drug tests. Domestic workers must be provided a notice of their new rights under New York City’s Human Rights Law.
Domestic workers who believe their employer has subjected them to discrimination, harassment, retaliation, or unfair wage practices should seek legal counsel to analyze their potential claims. Contact our offices to learn more about your rights.