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A household employer in Massachusetts has been ordered to pay nearly $27,000 for violating the state’s wage and hour, overtime, and domestic worker protection laws.
A Brookline, Mass. household employer was issued seven citations, totaling nearly $27,000, for violating the state’s wage and hour, overtime, and domestic worker protection laws.
Amit Kanodia was issued citations for failure to pay the state minimum wage, overtime wages, make timely payment of wages, provide Earned Sick Time, keep true and accurate payroll records, furnish true and accurate payroll records to the state Attorney General’s Office, and for failing to comply with the Massachusetts Domestic Workers Bill of Rights.
Kanodia hired a live-in household employee who worked more than 18-hours a day caring for Kanodia’s parents and cleaning his home.
“Domestic workers provide essential services to many families and individuals in Massachusetts, and they have rights and protections under the law. My office will continue to advocate for domestic workers, take action against efforts to exploit their work, and ensure they are being paid the wages they are owed.” – Massachusetts AG Maura Healy
The AG’s Fair Labor Division began their investigation last year, following a wage complaint received by the worker. She was subjected to long hours of work doing various house chores and caretaking, for which they were significantly underpaid. The AG’s Office also alleges that the employee was terminated after requesting time off.
This is not the first time Massachusetts has enforced its Domestic Workers Bills of Rights. In 2020, a mother and daughter received three citations and were ordered to pay more than $220,000 in restitution and penalties for violating the state’s domestic worker protections and wage and hour laws. In 2019, nine citations totaling more than $440,000, were issued to three families that employed household workers for violating their protections as well as wage and hour laws.
Learn more about complying with Massachusetts household employment laws, which includes obtaining workers’ compensation insurance and contributing to the state’s paid family and medical leave program.
Massachusetts was one of the first states to pass a Domestic Workers’ Bill of Rights, which took effect on April 1, 2015. The law provides clear guidelines for household employers and their workers.
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 employer
- A written evaluation, if requested, after three months of employment and then annually thereafter
- Protection against retaliation (cannot 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. The protections established by the law apply regardless of immigration status.
GTM can help
Nanny tax compliance violations, even unintentional, can lead to significant fines and penalties and payment of back taxes with interest. GTM Payroll Services can help you avoid the risks of noncompliance by managing nanny payroll for you. Call (800) 929-9213 to learn more and for a complimentary, no-obligation consultation with a household employment expert. Or schedule time with us at your convenience.
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