Enacts provisions relating to labor standards for domestic workers

Summary of specific provisions

1) one day of rest every calendar week, waivable by the worker with pay for that day at the overtime rate of 1.5. The day of rest will, whenever possible, coincide with the traditional day of religious worship;

2) overtime pay after 40 hours of work per week (44 hours for live-in domestic workers);

3) after 1 year of work with the same employer, 3 days of rest per year at the regular rate of compensation;

4) it will be an unlawful discriminatory practice for an employer to:

(a) engage in unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature to a domestic worker when: (i) submission to such conduct is made a term or condition of the work- er's employment; (ii) submission to or rejection of such conduct by a worker is used as the basis for employment decisions; or (iii) such conduct has the purpose or effect of unreasonably interfering with an worker's job performance by creating an intimidating, hostile or offensive working environment; or subject a domestic worker to harassment based on gender, race, (b) reli- gion or national origin, where such harassment has the effect of unrea- sonably interfering with work performance by creating a hostile working environment;

5) disability insurance to part time domestic workers;

6) Department of Labor given wage and hour enforcement powers for domes- tic workers; and

7) Department of Labor is to complete by November 2010 a report on the feasibility and practicality of collective bargaining for the domestic worker workforce.

Justification

Domestic workers are among the most oppressed workers in the United States. They are often abused and mistreated and frequently work under harsh conditions. They are regularly forced by employers to work seven days a week and they receive little or no pay for their services. They are also often physically, emotionally and sexually assaulted and abused.

Many domestic workers come to the United States legally to escape pover- ty in their country. The main reason for their employment is to earn money to send to their families and support their children. Many domes- tic workers are isolated, exploited and psychologically abused by their employers, thus often creating in them the belief they will suffer seri- ous harm if they leave their jobs. In addition, many domestic workers fall through the cracks of U.S. government. Therefore the burden of securing employer compliance becomes that of the domestic worker. Even if a worker leaves their employer, he or she is not guaranteed time to remain in the United States to seek legal redress.

The problems of domestic workers underline the need for legislation to protect the rights of male and female employees working in homes.

Prior legislative history

2009; Similar legislation was reported from Senate Labor and Codes Committees but died in Finance; similar legislation passed the Assembly 2008: Similar legislation (A.628B) died in Assembly Labor Committee 2007: Similar legislation (A. 628B) died in Assembly Labor Committee 2006: Similar legislation (S.3547/A.2804) died in Senate Labor Committee and Assembly Codes Committee 2005: Similar legislation (S.3547/S.2804) died in Senate Labor Committee and Assembly Codes Committee 2004: Similar legislation (A.10948A) died in Assembly Labor Committee

Fiscal implications

Minimal.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.