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Domestic Workers' Rights Bill Stirs Up Debate On Passage


Posted on Jul 19, 2010

Like many bills, a newly passed law in New York granting workers' compensation benefits to a number of domestic workers leaves out a few provisions that would have made it stronger. No matter, it's still one of the first laws in the country that will enable nannies and other employees to be protected under the law.
In it, employers must provide a standardized work schedule with at least one day off per week and three paid holidays per year. That's down from the six holidays and six days of vacation, and employees can't sue, nor can they require two weeks' notice.
But they get the prospect of unemployment insurance, workers' compensation insurance and overtime for the first time since those concepts entered the legal world. Of course, it will also put an increased burden on many of their employers, who must now provide workers' compensation and unemployment insurance if they are salaried employees or produce documentation that they are independent contractors.
As we've noted previously, not everyone was covered by the workers' compensation regulations, and many nannies and other domestic workers now have access to new benefits. But that changes, and with it these employees need to avail themselves of the legal resources so they can take advantage of the new rights they've earned.
For example, while we understand that the records are more difficult to obtain for employment by a private citizen, like most nannies and live-in aides, they can be key for social security disability hearings and workers' compensation hearings.
With a new law comes new questions from workers who may be confused about the legal avenues they have if they are injured on the job. If you're a domestic worker and have been hurt, a legal team like the attorneys at Markhoff & Mittman, P.C., can help you navigate the claims process.

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