Domestic employees across the country provide loving and attentive service to homes and families. That work is something that many households simply can’t live without.
Whether it’s a nanny, senior companion, estate manager, personal assistant, or another type of household staff member – they are the heartbeat of many homes nationwide. Unfortunately, many of these individuals have worked without fair wages or benefits and often had less basic labor protections than other employees in other industries.
Thankfully, there are several states with domestic worker protections.
Labor Protections by State
California
Domestic employees are entitled to overtime pay for any hours worked over nine hours per day or over 45 hours per week. But there are exclusions to be aware of.
For example, family members or individuals under age 18 who work as babysitters, or casual babysitters – those who babysit on an irregular or intermittent basis – are not covered by this law.
For more info: The Domestic Worker Bill of Rights (AB 241)
Connecticut
Domestic workers should be paid at least minimum wage which is $16.35 per hour. Overtime pay is also required for hours worked over 40 per week and is 1.5 times the regular rate. This is not applicable for live-in workers.
The worker is entitled to a 30-minute meal break if they work a shift of 7.5 hours or more. The employer must also give the worker a written notice of rights which includes pay rate, hours, payment schedule, a list of job duties, and more.
For more info: AN ACT CONCERNING A DOMESTIC WORKERS BILL OF RIGHTS
Hawaii
Here, domestic employers are protected against wage theft, have a right to earn minimum wage and overtime pay for all hours over forty in a week, and have protection against discrimination on the job.
For more info: Department of Labor and Industrial Relations | Domestic Workers Rights
Illinois
Domestic employees who work for a single employer for 80 hours over a four-month period, are entitled to paid sick leave. They are also entitled to at least 24 hours off in a seven-day period and if they work more than 40 hours in a calendar week, overtime pay is required.
For more info: My rights as a domestic worker | Illinois Legal Aid Online
Massachusetts
Domestic workers are entitled to at least the state minimum wage and overtime pay if they work more than 40 hours a week. Employers must provide a written work agreement for domestic employees who work more than 16 hours a week.
Domestic workers are also entitled up to eight weeks of unpaid maternity leave. For full-time employees, they are required to have one day off per week and two consecutive days off per month.
For more info: Domestic workers | Mass.gov
New Jersey
If an employee works more than five hours a month, you’re required to provide a written contract to them. Employees are entitled to regular pay of at least the state minimum wage, and the rate agreed to when hired. If they work over 40 hours per week, they’re entitled to 1.5 times their hourly rate for those hours.
The employer must also provide up to 40 hours of Earned Sick Leave and employees can earn 1 hour of sick leave for 30 hours worked.
For more info: My Work Rights | Domestic Workers’ Bill of Rights: What employers need to know
New York
New York was the first state to pass the Domestic Worker Bill of Rights, which guarantees overtime pay, at least one day off each week, and protections against racial and sexual harassment.
For more info: Domestic Workers’ Bill of Rights | Department of Labor
Nevada
Employers are required to provide a written work agreement and employees need to be paid at least the Nevada minimum wage. If they work over 40 hours per week, they’re entitled to 1.5 times their hourly rate and over eight hours in a day unless their regularly scheduled shift is 10 hours per day.
For more info: Domestic Workers’ Bill of Rights | Department of Labor
New Mexico
Household employers must pay their workers minimum wage and overtime, keep records, and pay employees in full and on time.
For more info: Bill guaranteeing basic wage protections for home care and domestic workers signed into law
Oregon
Here, employees are required to get at least 24 consecutive hours of rest each work week. If they work on their day off, they must receive overtime pay for each hour worked. They must receive overtime pay of at least time-and-a-half for hours worked over 40 hours in a week, or 44 hours for live-in employees.
These employees also get three personal leave days off annually if they’ve worked an average of 30 hours per week that year.
For more info: BOLI : Domestic Workers : For Workers : State of Oregon
Virginia
In this state, it’s unlawful to fail or refuse to hire, discharge, or discriminate against someone for race, color, compensation, religion, sexual orientation, marital status, pregnancy, age, veteran status, and more.
Salaried employees are required to be paid at least once a month, while hourly workers should be paid at least every two weeks or twice monthly.
For more info: RD10 (Published 2021) – Report on Domestic Service Workers
Rhode Island
Via the Rhode Island Domestic Workers Bill of Rights, domestic workers must be paid least the state minimum wage for all hours worked and time and a half for any hours they work over 40 in one work week.
For more info: HB6142 | Rhode Island 2023 | AN ACT RELATING TO LABOR AND LABOR RELATIONS
Employer Responsibilities
Keep in mind, hiring staff for your home means you have legal responsibilities.
Your household employee is not an independent contractor. Independent contractors have no restrictions on their employment and set their own hours and job duties. You will also need to follow tax guidelines and will need a W-4 for your employee and submit a new hire report to the labor department of your state.
When you pay your portion of your employees’ Medicare and Social Security taxes, federal unemployment and federal income taxes, you will need to fill out a 1040-ES and a Schedule H will allow you to report household employment taxes to the IRS.
We Can Help
Ready to hire your in-home employee? You can rely on our nearly three decades in the staffing industry, where we have placed thousands of highly trained and specialized individuals in homes and offices around the country.
Our team at Household Staffing works closely with you to develop a comprehensive job listing that includes all roles and responsibilities for your hire.
Contact us today to get started on the hiring and interview process. We look forward to working with you!
