Workers’ Comp Protection and Other Rights for NY domestic workers

Domestic workers in New York now enjoy many of the same rights as other types of workers, thanks to the recently signed Domestic Workers Bill of Rights. This new legislation offers protection for thousands of housekeepers, nannies, elder companions, baby sitters, cooks and cleaners who otherwise have been working without many basic workplace rights.

This legislation is a huge relief for domestic workers, especially women and immigrants who make up more than 90 percent of the domestic workforce in New York. Domestic workers have been subject to abuse for many years, as until now they have lacked many of the basic labor law protections enjoyed by other New York workers.

New York Domestic Workers – Your New Rights

Under the new law, domestic workers deserve:

• One day off each week
• Three paid days of vacation each year, after one year of work
• Time-and-a-half for each hour after a 40 hour work week (44 hours for sleep-in workers)
• Disability benefits
• Workers’ compensation benefits if they are hurt on the job
• Advance notice before losing their job
• Protection from sexual harassment and racial discrimination
• The right to organize and participate in collective bargaining

These may sound like basic workers’ rights to most people, but sadly domestic workers have labored for many years without these most basic protections. Until now, domestic workers were not protected under the National Labor Relations Act of 1935, the Occupational Safety and Health Act (OSHA), and the 1964 Civil Rights Act which provides for employment discrimination protection.

The new laws did not include a living wage or employer provided health insurance, but advocates for domestic workers will continue to push for those rights as well.

Get help after an on-the-job injury

It can be difficult to understand your rights and what you are entitled to after an on-the-job injury, especially if you are a domestic worker like a nanny, housekeeper, elder companion, cook, etc. To get advice and help with your workplace injury claim, please contact the law offices of Markhoff & Mittman today to see how they can help with your New York workers’ comp case.

Markhoff & Mittman, P.C.

14 Mamaroneck Avenue

Suite 400

White Plains, NY 10601

Toll Free: (866) 205-2415

Phone: (914) 946-1452

Fax: (914) 946-0810

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