Provisions of the Domestic Workers New York Bill

·         Hours per Work Week:  Establishes a 40 hour work week for live-out staff; 44 hour work week for live-in staff.

·         Overtime:   Household employer must pay 1.5 times regular rate of pay after 40 hours per week for live-out staff and after 44 hours for live-in staff.

·         A Day of Rest:  Domestic workers are guaranteed to have one day of rest per calendar week, and it should coincide with the employee’s day of worship. Employee must receive overtime pay if they work on their scheduled day of rest.

·         Paid Time Off:  Domestic workers will be entitled to three paid days off per year after one year of employment.

 

·         Unlawful Discriminatory Practices:  Protection against discrimination based on race, gender, sexual orientation, national origin, marital status, disability and domestic violence victim status.

·         Workers Compensation Insurance:  Full and part time household employees must be covered by workers compensation insurance.

Best Practices for Hiring Domestic Staff

Today more than ever homeowners need to be extra vigilant when hiring new employees for their homes.  Between lawsuits and employee related crime, you need to understand your vulnerability as an employer.

In order to keep the security of your home, here are a few tips to consider when hiring domestic workers:

·         Provide well defined job expectations

·         Ask about previous positions held

·         Call all references (a minimum of 8)

·         Only accept color copies of Photo ID's

·         Perform a background investigation and a credit check prior to hire with a professional and accredited service (online background checks will not suffice)

Tips to maintain a lawful working environment:

·         Track & monitor hours of your workers

·         Understand State and Federal labor laws including payroll practice, and wage payment laws

·         Offer Workers’ Compensation Coverage

·         Provide separate security codes for domestic workers

·         Do not leave employees alone in your home unsupervised

·         Require emergency contacts for all employees