“Domestic Workers’ Bill of Rights and Wage Theft Prevention Act”
In the Fall of 2010, the New York Domestic Workers’ Bill of Rights (the “NY Bill of Rights”) went into effect. The NY Bill of Rights offers protection to domestic employees working in New York State by establishing rules for overtime and time off, including paid time off. The NY Bill of Rights also protects domestic employees against unwelcome sexual advances, a hostile work environment, and harassment based on gender, race, religion or national origin.
In the Spring of 2011, the New York Wage Theft Prevention Act (“Wage Theft Act”), which amends the notice of wage rate requirements for all New York State employers, including those who employ domestic employees, such as housekeepers, nannies and companions to the sick or elderly, became law. Together, the Wage Theft Act and NY Bill of Rights provide increased protections for domestic employees.
This Stroock Special Bulletin provides an overview of these domestic worker protections, as well as the additional obligations imposed on those who employ domestic employees.