National Domestic Workers’ Bill of Rights Reintroduced in Congress

Jun 14, 2024 | Domestic Workers' Rights, GTM Blog, Newsworthy

The National Domestic Workers’ Bill of Rights would require work agreements and paid leave and provide workplace protections for household employees.

U.S. Representative Pramila Jayapal (WA-07) joined U.S. Senators Kirsten Gillibrand (D-NY) and Ben Ray Luján (D-NM) this week to re-introduce the National Domestic Workers Bill of Rights.

The proposed legislation will extend common workplace rights and protections to the 2.2 million domestic workers in the United States. These workers are currently excluded from key labor and safety laws that the majority of the workforce relies on. The legislation includes paid sick days, written agreements, and other benefits.

“Domestic workers make all other work possible, however too often they are called essential but treated as expendable,” said Representative Jayapal. “This landmark legislation ensures that domestic workers are finally included in our existing labor laws, giving them access to the basic protections they deserve in the workplace.”

The legislation would amend the Civil Rights Act and the Fair Labor Standards Act (FLSA) to:

allow domestic workers to earn sick days
allow domestic workers to request time off for personal reasons
subject household employment to written agreements
provide meal and rest breaks for domestic workers
protect a domestic worker’s privacy
protect a domestic worker from workplace discrimination and harassment
create additional resources to implement these protections and rights
establish a National Domestic Worker Hotline where workers can call to seek assistance on employment issues
direct the Department of Labor to establish an interagency task force and regulatory rules to enforce the standards

“Far too often, domestic workers are undervalued for the vital role they play in our economy and in our lives,” said Senator Gillibrand. “For years, domestic workers have been overlooked by our labor laws and excluded from key labor protections. The Domestic Workers Bill of Rights would close the loopholes that exclude domestic workers from federal labor and civil rights laws and would create critical new protections for these workers.”

“By requiring employers to establish clear standards for wages, responsibilities, schedules, and time-off policies, this legislation will safeguard the rights of the domestic workers who work in our homes, take care of our loved ones, and perform critical duties,” said Senator Luján. “I’m proud to reintroduce this legislation to implement workplace protections and rights for domestic workers who have been left out for far too long.”

“The COVID-19 pandemic revealed serious faults in this country. We saw the crisis exasperate the dangerous gaps in our labor laws that impact our domestic and other essential workers,” said Congressman James E. Clyburn.“The Domestic Workers Bill of Rights will close these loopholes and ensure that the workers who form the backbone of this country are treated with the dignity and respect they deserve.”

The National Domestic Workers Bill of Rights was originally introduced in 2019 by then-Senator Kamala Harris and Congresswoman Jayapal. In the 117th Congress, this legislation was supported by the Biden administration.

What is a Domestic Workers’ Bill of Rights?

Several states and cities have already established domestic workers’ bills of rights. These laws typically bundle domestic worker protections, including minimum wage, overtime pay, paid time off, days of rest, and more.

In New York, for example, household employers must give one day of rest every seven days and provide written policies on sick leave, vacation, and work hours, and three paid days off after a year of work. They must also pay weekly and need to provide a paystub even if the employee is paid electronically or by direct deposit.

Massachusetts has similar rights for domestic workers. There are protections for a mandated amount of rest time depending on hours worked, written work agreements, and more.

The first Domestic Workers’ Bill of Rights took effect in New York in 2010. Since then, several other states and cities have enacted similar laws to grant basic labor protections to household employees. These include:

California
Chicago
Connecticut
Hawaii
Illinois
Massachusetts
Nevada
New Mexico
New York
New Jersey (effective July 2024)
Oregon
Philadelphia
Seattle
Virginia
Washington, D.C.

GTM can help

Household employment compliance is tricky. Domestic worker protections are just the beginning. Household employers may also need to follow laws for overtime pay, workers’ compensation, paid leave, pay transparency, final pay, and more. Fines and penalties for non-compliance can quickly reach thousands of dollars. Having GTM on your side can help mitigate these risks. Call (800) 929-9213 for a complimentary, no-obligation consultation with a household employment expert. Through our EasyPay® HR Platinum service, GTM clients can access a PHR-certified household HR advisor to help manage employees and employment compliance.