Rights Begin at Home Protecting Yourself As a Domesticworker

RIGHTS BEGIN AT HOME PROTECTING YOURSELF AS A DOMESTICWORKER

Domesti Rights Begin at home: Protecting yourself as a Domestic Worker Protecting Yourself as a Domestic Worker

AcknoWleDgments This is a revised version of a handbook first created by the Asian by the of a handbook first created This is a revised version by and and Education Fund (AALDEF) American Legal Defense (NELP). Project Law the National Employment revised by NELP and This version of the handbook has been from Fordham Law United, with assistance Domestic Workers of Damayan Migrant Stein Scholars Program. The staff School’s Justice Center and AALDEF Association, the Urban Workers valuable feedback. reviewed the handbook and provided 2010 November Sarah Leberstein Staff Attorney Project National Employment Law Suite 601 75 Maiden Lane, NY 10038 New York, 212-285-3025 x313 [email protected] n Priscilla Gonzalez Director United Domestic Workers Suite 907-908 1201 Broadway, 10001 NY New York, 212-481-5747 [email protected] 16 10 24

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WAGES & HOURS & HOURS WAGES EMPLOYERS’ THREATS TO CONFISCATE A WORKER’S PASSPORT A WORKER’S TO CONFISCATE THREATS EMPLOYERS’ EMPLOYERS’ THREATS TO REPORT A WORKER TO ICE A WORKER TO REPORT THREATS EMPLOYERS’ SPECIAL RULES FOR WORKERS WHO SLEEP AT THEIR EMPLOYER’S HOME THEIR EMPLOYER’S WHO SLEEP AT SPECIAL RULES FOR WORKERS DEDUCTIONS FOR MEALS AND LODGING DEDUCTIONS FOR MEALS AND LODGING MEAL & REST BREAKS AND DAYS OF REST MEAL & REST BREAKS AND DAYS A. c. i. DomesticWorkers’ lABor rigHts 2. Overtime on meal & rest breaks Federal law

Laws Payment & Wage Wage 1. Minimum Wage Federal Minimum Payment Laws & Wage Wage Minimum New York Payment Laws & Wage New Jersey Minimum Wage Payment Laws & Wage Connecticut Minimum Wage Employers for Requirements 9. Record-Keeping Connecticut record-keeping requirements ii. immigrAtion issUes relAteD to emPloYment to issUes relAteD ii. immigrAtion 8. Criminal Abuse and Harassment on meal & rest breaks and days of rest law New York on meal & rest breaks New Jersey law on meal & rest breaks Connecticut law Taxes 4. Income and other Employment workers’ compensation law New York 7. Abuse, Discrimination and Harassment A. Compensation 5. Workers’ New Jersey record-keeping requirements Federal record-keeping requirements State-by-State Overtime Coverage, and Summary of Minimum Wage & Hour Provisions 3. Other Wage Laws Overtime New York New Jersey Overtime Laws Connecticut Overtime Laws record-keeping requirements New York B. Connecticut anti-discrimination law b. on deductions law New York on deductions New Jersey law on deductions Connecticut law a. on sleep time Federal law on sleep time New York New Jersey on sleep time Connecticut on sleep time

Insurance 6. Unemployment New Jersey workers’ compensation law Connecticut workers’ compensation law New Jersey anti-discrimination law Federal anti-discrimination law and anti-harassment law anti-discrimination New York law Federal overtime on deductions Federal law table of contents of table

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NEGOTIATING PAYMENT NEGOTIATING Sample Demand Letter LEGAL ACTION Domestic Workers Groups & Worker Centers Groups & Worker Domestic Workers Sample Confirmation Letter THE INTERVIEW WITH THE EMPLOYER THE INTERVIEW Statutes of Limitations and minimum wage rates, 2004-09 COURT COSTS COURT Federal and State Government Offices Federal and State Government Income Tax Resources Income Tax DEMAND LETTERS FINDING WORK IMPORTANT QUESTIONS ABOUT AGENCIES QUESTIONS ABOUT IMPORTANT PROTECTION FROM RETALIATION Legal Services Offices and Law Firms Legal Services Offices and Law WHAT A WORKER SHOULD GET IN WRITING A WORKER WHAT FALSE PROMISES OF A GREEN CARD PROMISES FALSE New York Domestic Worker Bill of Rights - summary Domestic Worker New York WORK AUTHORIZATION AUTHORIZATION WORK Sample Standard Employment Contract Sample Work Record Sample Work ICE Policy Regarding Labor Disputes . Resources for Victims of Trafficking . Resources for Victims A-3 AND G-5 VISAS A-3 AND ANTI-TRAFFICKING LAWS ANTI-TRAFFICKING 1. Tips for Workers Responding To an Ad To Responding Workers for 1. Tips 1. Filing Complaints with Federal and State Agencies 1. Filing Complaints with Federal Verification Authorization 1. Work Requirement Verification Authorization 2. Exception to the Work C. 3. Filling out the I-9 Form D. E. F. Federal anti-retaliation law C. on employment agencies New Jersey law New Jersey anti-retaliation law on employment agencies Connecticut law B. D. E. law anti-retaliation New York K. G. Federal anti-trafficking laws C. B. B. E on employment agencies law New York laws anti-trafficking New York APPenDices I. D. Agencies 2. Employment A. H. J. for trafficking victims T and U Visas iV. tiPs For FinDing Work AnD negotiAting WitH An emPloYer AnD negotiAting Work tiPs For FinDing iV. anti-trafficking laws New Jersey C. L. A. A. B.

Connecticut small claims court Connecticut anti-trafficking laws

and Hour Laws of Wage a. Violations New Jersey small claims court & the Special Civil Part iii. enForcing Worker’s rigHts Worker’s iii. enForcing small claims court New York a. SMALL CLAIMS COURT c. Unemployment Insurance 2. Going to Court Compensation Workers’ b. F.

Protecting Yourself as a Domestic Worker New Jersey, and Connecticut; Connecticut; and Jersey, New 1 describes methods for enforcing workplace laws through the use of describes methods for enforcing workplace laws contains guidelines and tips for domestic workers in their search for contains guidelines and tips for domestic workers in their search discusses immigration issues affecting domestic workers, including discusses immigration issues affecting domestic workers, including of this guide explains the basic provisions of the Fair Labor Standards Act of the Fair Labor Standards provisions of this guide explains the basic omestic workers are nannies, housekeepers and elder caregivers who and elder caregivers housekeepers workers are nannies, omestic outside others to work labor that frees household invaluable the provide the home. They generally work in isolation and rarely have co-workers who can rarely have co-workers who can generally work in isolation and the home. They with a limited knowledge their rights. Many are immigrants help them assert they work. Some are or of the state in which of this country of the laws live in fear of being deported. undocumented and workers, leaving them with exclude domestic state labor laws Many federal and do not But while the laws than most other workers. fewer legal protections do give they deserve, of the rights domestic workers reflect the full extent Workers, on the job. tools for protecting themselves workers some important organizing and advocacy used innovative advocates and organizers have of these existing legal protections and to strategies to make the best use workers. advocate for greater rights for domestic this year in New York Bill of Rights The passage of the Domestic Worker workers and has raised public expanded labor protections for domestic in the industry. of the problems awareness help domestic workers protect themselves The goal of this handbook is to specifically as they apply to domestic workers within existing employment laws, and Connecticut. New Jersey, in New York, Part I and law; and unemployment insurance compensation law, workers tax law, discrimination and harassment. protection from abuse, Part II work authori- employers’ threats to report workers to immigration authorities, immi- and laws zation requirements, information on visas, and anti-trafficking gration relief for trafficking victims. Part III filing complaints with demand letters and negotiations with employers, lawsuits, agencies and organizing, and discusses the benefits and limitations government of these strategies. Part IV work and negotiating employment arrangements. enforced have only symbolic value. The first step toward that are not Laws handbook is empowering workers is to educate them about their rights. This part of that first step. (FLSA), the main federal law that gives workers the right to a minimum wage that gives (FLSA), the main federal law York, New in laws labor state the pay; overtime and introduction D Rights begin at hoMe Protecting Yourself as a Domestic Worker 3 ost domestic workers are protected by the Fair Labor Standards Act ost domestic workers are protected and, in most law, and overtime (FLSA), the federal minimum wage Domestic Workers’ labor rights labor Workers’ Domestic A. WAges A.AnD HoUrs M This section explains the workplace laws that apply to domestic workers, that apply to domestic workers, the workplace laws This section explains limitations on wage payment laws; and overtime wage, including: minimum and rest wages; meal make deductions from a worker’s right to an employer’s home; sleep at their employer’s special rules for workers who break protections; benefits; protec- unemployment insurance compensation law; workers’ tax law; that em- harassment; and requirements discrimination and tions from abuse, of worker hours and wages. ployers keep records even if they are paid off-the-books. are entitled to these protections Workers protection to workers regardless of their afford Most, but not all, of these laws immigration status. i. instances, the state labor laws as well. Part-time babysitters and some instances, the state labor laws are excluded from the federal however, companions to the sick and elderly, laws. and overtime and some state minimum wage she is entitled to by more than one law, where a worker is covered Generally, her the most. If a worker is covered that benefits claim the protection of the law by the if she is covered and excluded from the other – for example, by one law from the federal minimum wage – she can state minimum wage but exempted her. that covers claim the protection of the one law under and their advocates should try to get the best remedies available Workers Whether a domestic worker is considered a covered that may apply. any laws of her work employee or falls into an excluded category depends on the nature home. The distinction between duties and whether she lives at her employer’s This section lays out and excluded categories is often difficult to draw. covered wage and the basic rules; workers who want to know their status under the should consult a lawyer. hour laws

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1 shows the federal and state minimum wages state minimum and shows the federal . Appendix K MiniMuM Wage & Wage PayMent LaWs PayMent Wage & MiniMuM Wage FeDerAl minimUmWAge exemptions from the Federal minimum Wage Wage minimum Federal the from exemptions Both the FLSA and the state labor laws completely or partially exempt some laws Both the FLSA and the state labor types of domestic workers. (workers whose employment is irregular Under the FLSA, casual babysitters is not babysitting) and “companions” or intermittent and whose vocation elderly and disabled) are exempt home-based care to the (workers who provide FLSA also exempts laws. wage and overtime from both the federal minimum although not from the federal minimum live-in domestic workers from overtime wage. exempted from the FLSA, she may Even if a worker is partially or completely by a state-level minimum wage law. be covered over the past 6 years over 1. in effect at the paid at least the minimum wage are entitled to be Workers for all hours they work. performed. They must be paid time the work was and the federal by both the state minimum wage who are protected Workers from the exempted Workers to the higher of the two rates. wage are entitled can state law but protected by a law wage and/or overtime federal minimum of the state law. claim the protection past years may still than the minimum wage in who were paid less Workers unpaid wages from their employer. be able to claim in The chart The federal minimum wage is currently $7.25 per hour. $7.25 per hour. The federal minimum wage is currently 6 time For A cHAnge? tHe FlsA comPAnionsHiP eXemPtion – Congress first granted minimum wage and Congress first granted workers domestic to protections overtime 1974 - an important step forward. in Congress time, at the same Unfortunately, for casual babysitters created an exemption companionship who “provide and for workers of age or services for individuals who (because themselves.” infirmity) are unable to care for only meant While it seems clear that Congress informal provide to exclude casual workers who Department of Labor (DOL) the U.S. elder care, services” has interpreted the term “companionship The result to include all home care services. from is that home care workers are excluded protections. federal minimum wage and overtime in Project, The National Employment Law advocacy collaboration with unions and worker narrow the groups, is calling on the DOL to to workers exemption so that it only applies whose main duties are truly “companionship.” who provide The millions of home care workers to the elderly and vital medical and personal care disabled should be entitled to these important federal rights.

Rights begin at hoMe Protecting Yourself as a Domestic Worker xtends to all companions, companions, all to xtends o weekly payment of wages; wages; of payment weekly o 7

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4 Appendix L. covered by the state’s minimum wage and overtime laws. laws. wage and overtime minimum by the state’s covered are neW JerseY minimUm WAge & WAge PAYment lAWs lAWs PAYment WAge neW JerseY & minimUmWAge neW York minimUm WAge & WAge PAYment lAWs PAYment WAge & minimUmYork WAge neW new Jersey minimum wage wage minimum Jersey new new York minimum wage wage minimum York new new York wage payment law law payment wage York new who are excluded from FLSA. FLSA. from excluded are who made by coverage overtime wage and to minimum For a summary of the changes the Bill of Rights, see “spread of hours” pay pay hours” of “spread The New York State minimum wage is $7.25 an hour. is $7.25 an hour. State minimum wage The New York - Bill of Rights in New York date of the Domestic Worker As of the effective by New York now covered – all domestic workersare 29, 2010 November exception of part-time babysitters with the laws, and overtime minimum wage e coverage wage Minimum basis. casual a on employed The New Jersey state minimum wage is $7.25 an hour. exempt part-time laws The New Jersey minimum wage and overtime live-in and live- babysitters. All other domestic workers and companions in NJ – out – Under New York law, “manual workers” are entitled t entitled are workers” “manual law, York New Under the end of the week in which the wages are the employer has seven days after regulations define “manual worker” as York earned to pay the employee. New must be paid at least Other workers workingman or laborer.” “mechanic, is no guidance Although there regular payday. semi-monthly on a designated, are “manual workers” entitled to weekly indicating that domestic workers advocates may make this argument. At the payment of wages, workers and very least, domestic workers are entitled to be paid every 2 weeks. wages directly into the bank without Employers may not deposit the worker’s prior written consent. If the worker is terminated or the the worker’s her wages employment otherwise ends, the employer must pay the worker The employer must send the worker no later than the next regular payday. request. her wages by mail at the worker’s New York workers who earn the minimum wage and whose hours add up to workers who earn the New York from 9am to 8pm—have a right to example, more than ten hours in a day—for of the pay at the minimum wage rate. The calculation receive an extra hour’s and rest breaks and time between shifts. Courts number of hours includes meal of whether this rule applies to workers who are split on the issue in New York wage. are paid more than the minimum for the cost of of cost the for (does not include include not (does

wage and overtime. overtime. and wage 11 depends on whether she she whether on depends Casual babysitters and and babysitters Casual overtime protections (but (but protections overtime er is fired or the employment employment the or fired is er the minimum wage laws, laws, wage minimum the ime law that benefits them the most. the them benefits that law ime 8 9

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10 OvertiMe FeDerAl oVertime lAW connecticUt minimUm WAge & WAge PAYment lAWs PAYment connecticUtWAge & minimUmWAge connecticut minimum wage wage minimum connecticut In New Jersey, domestic workers must be paid at least twice a month and no workers must be paid at least domestic In New Jersey, The employer must establish after the end of the pay period. more than ten days work the If worker. the with time of ahead payday a regularly scheduled payday. a worker must be paid by the next otherwise ends, deposited into the bank, but the to have her wages directly A worker can choose force her to accept direct deposit. employer cannot 2. 2. 40 per week for a single employer. Overtime is extra pay for hours worked over federal from exempted are workers domestic Live-in wage). minimum federal the by covered generally are minimum federal the both from exempt are companions pay overtime for qualifies worker domestic a Whether with As duties. job her and employer her with lives overt the of protection the to entitled are workers overtime for “live-out” workers under federal law law federal under workers “live-out” for overtime The Connecticut state minimum wage is $8.25 an hour. wage is $8.25 an hour. The Connecticut state minimum and exempts follows the FLSA exemptions law The Connecticut minimum wage Because the Connecticut Minimum Wage casual babysitters and companions. of domestic workers any changes to coverage Act tracks the FLSA exemptions, under the will similarly change the scope of coverage under federal law Connecticut minimum wage law. law payment wage connecticut weekly payday no must be paid on a regular, Domestic workers in Connecticut of the pay period. If a worker quits or is laid more than eight days after the end If the worker is fired, in full on the next payday. off, she must be paid her wages in full by the next business day. her employer must pay her wages new Jersey wage payment law law payment wage Jersey new companions and casual babysitters): If a worker does not live with her and casual babysitters): If a worker does not companions pay of to receive standard overtime employer she has a right under federal law 40 works over 1½ times her regular hourly wage for every additional hour she pay must be hours in a week, whether or not she is documented. Her overtime deductions any to (prior pay of rate regular her calculated based on lodging). and food

Rights begin at hoMe Protecting Yourself as a Domestic Worker Live-out domestic Domestic workers who Domestic workers who workers who Domestic 12 9

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13 “Companions” who are employed by an employer or agency that is not the “Companions” who are employed “Companions” who are employed by an employer or agency that is not the “Companions” who are employed

connecticUt oVertime lAW neW JerseY oVertime lAW neW York oVertimeYork neW lAW Under New York law, domestic workers, including companions employed by a workers, including companions domestic law, Under New York of pay. of 1½ times their regular rate receive overtime private household, at a rate of 1½ times the by an agency receive overtime Companions employed after 40 hours in a are entitled to overtime minimum wage. Live-out workers after 44 hours in a week. overtime week, while live-in workers receive reside at the employer’s home, including companions employed directly by the home, reside at the employer’s their regular hourly wage after 44 hours of private household, receive 1½ times work in a week. reside at the employer’s home are not covered by the federal overtime law. To To law. by the federal overtime home are not covered reside at the employer’s courts may of her employer, a worker resides in the home determine whether sleeps at her employer’s nights or hours per week she consider how many of her sleeping area. and the condition home, Live-in domestic workers in Connecticut are exempted from the state’s overtime overtime state’s Live-in domestic workers in Connecticut are exempted from the and protections. Live-out domestic workers, except for casual babysitters pay of 1½ times their regular hourly rate companions, are entitled to overtime 40 in one week. of pay for every hour worked over Under NJ law, all domestic workers, except for part-time babysitters, are all domestic workers, except for Under NJ law, pay of 1½ times their regular hourly rate of pay for entitled to overtime applies law New Jersey state overtime 40 in a week. every hour worked over from the to companions and to live-in domestic workers, who are exempt law. federal overtime overtime for “live-in” workers under federal law: law: under federal workers “live-in” overtime for overtime for “live-out” workers under new York law: York under new workers “live-out” overtime for employed directly by the private household, workers, including companions 40 hours wage for every hour worked over receive 1½ times their regular hourly per week. law: York under new workers “live-in” overtime for overtime for “live-out” agency-employed “companions” under new York York under new “companions” agency-employed “live-out” overtime for law: overtime for “live-in” agency-employed “companions” under new York York new under “companions” agency-employed “live-in” overtime for law: household using their services receive 1½ times the minimum wage for every household using their services receive 1½ times the minimum wage 44 hours per week. hour worked over household using their services receive 1½ times the minimum wage for every household using their services receive 40 hours per week. hour worked over Not Covered Yes --1½ times the Yes of pay rate regular after 40 hours in a week Yes --1½ times the --1½ Yes of pay rate regular after 40 hours in a week Yes Yes Yes Yes Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Covered Not Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered 10 Not Covered Not Covered Yes -- 1½ times the Yes of pay rate regular after 40 hrs in a week Yes -- 1½ times the Yes of pay rate regular after 40 hrs in a week Yes -- 1½ times the Yes of pay rate regular after 40 hrs in a week Yes -- 1½ times the Yes of pay rate regular after 40 hrs in a week Yes -- 1½ times the -- 1½ Yes pay of rate regular after 40 hrs in a week Yes -- 1½ times the Yes of pay rate regular after 40 hrs in a week Yes -- 1½ times the -- 1½ Yes pay of rate regular after 44 hrs in a week Yes -- 1½ times the Yes of pay rate regular after 44 hrs in a week Yes -- 1½ times the Yes minimum wage after 40 hrs in a week Yes -- 1½ times the Yes minimum wage after 40 hrs in a week Yes -- 1½ times the Yes minimum wage after 44 hrs in a week Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Not Covered Not Covered (part-time babysitters) (part-time babysitters) (part-time babysitters (part-time babysitters NY Minimum Wage NY Overtime NY Wage Minimum NY Overtime Federal Wage Minimum Federal NJ Minimum Wage NJ Overtime Wage NJ Minimum Overtime Federal Wage Minimum Federal employed on a casual basis) employed household household (employed by by (employed (employed by by (employed companions companions sUmmArY AnD oF oVertime minimUmWAge stAte-BY-stAte coVerAge, companions companions companions companions casual Babysitter casual casual Babysitter casual live-in companion live-in companions live-out companion live-out companions household and/or agency) employed by a private a private by employed employed by a private a private by employed household and/or agency) live-in domestic workers live-in agency-employed live-in domestic workers live-out domestic workers live-out domestic workers live-out agency-employed live-out agency-employed neW JerseY neWYork

Rights begin at hoMe Protecting Yourself as a Domestic Worker Yes --1½ times the --1½ Yes of pay rate regular after 40 hours in a week Yes Yes Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered 11 Not Covered Not Covered Yes -- 1½ times the -- 1½ Yes pay of rate regular after 40 hrs in a week Yes Yes Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Conn. Minimum Wage Conn. Overtime Conn. Wage Minimum Conn. Overtime Federal Wage Minimum Federal (employed by by (employed (employed by by (employed casual Babysitter casual live-in companion live-out companion household and/or agency) household and/or agency) live-in domestic workers live-out domestic workers connecticUt 12 The worker receives overtime pay if she pay if The worker receives overtime VictorY! The law extends minimum wage coverage to wage coverage extends minimum The law The law raises the overtime rate to 1½ times the overtime raises the The law

Protection against sexual harassment and harassment Protection against sexual harassment

The law requires the Department of Labor to issue a report on the The law the new York Domestic Worker Bill of rights – rights of Bill Worker Domestic York new the

he Domestic Worker Bill of Rights was signed into law on August 31, on August Rights was signed into law Bill of he Domestic Worker campaign led by culmination of a six-year organizing 2010, marking the Justice Workers Domestic New York United and the Domestic Workers based on race, religion, or national origin by domestic employers; and coverage religion, or national origin by domestic employers; and coverage based on race, benefits for full-time and part-time domestic workers for temporary disability (pending legislative revision). Dol study. purpose of feasibility and practicality of domestic workers organizing for the collective bargaining. 29, 2010, 90 days after the These changes went into effect on November signing of the Bill. at http://www.labor. website see the NY DOL’s information, more For state.ny.us/sites/legal/laws/domestic-workers-bill-of-rights.page. Coalition to raise standards for the more than 200,000 domestic workers in New domestic workers in New standards for the more than 200,000 Coalition to raise of its kind, the The first legislation immigrants of color. most of whom are York, with fewer that had left domestic workers laws Bill of Rights closes gaps in labor protections. These provi- and adds new state, rights than other workers in the sions include: coverage. expanded minimum wage employed on a casual basis, and to live-in part-time babysitters, except those by the minimum wage. not been covered companions. These groups had coverage. expanded overtime of domestic workers who were regular rate of pay for some groups the minimum wage. previously only entitled to 1½ times in each calendar week. of rest one day agrees to work on her day of rest. year of employment. after one year, off per paid days three Protection. Workplace T

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16 Other Wage & hOur& PrOvisiOns Other Wage Employers may not charge the worker more than the actual cost of what Employers may not charge the Those benefits to which the worker consents in writing, such as health insur- Those benefits to which the worker consents in writing, such worker consents Other deductions which benefit the worker and to which the Those required by law, such as Social Security contributions and other taxes; Those required by law, Employers cannot deduct the cost of any housing that violates health or Employers cannot deduct the cost of any housing that violates the employer must If a worker is expected to travel with her employer, the employer If the worker works at a party or function held by her employer, Breakfast Lunch Dinner for day can be no more than Total $10.88 Lodging $2.72/day $3.63/day $4.53/day $54.38/week neW York lAW on DeDUctions lAW York neW FeDerAl on DeDUctions lAW is provided to her, or deduct for the cost of anything that is primarily for the or deduct for the cost of anything to her, is provided such as safety equipment, tools, or uniforms. own benefit, employer’s a. Deductions for Meals and Lodging and Meals for Deductions a. n n new York law authorizes only the following kinds of deductions: only the following authorizes law York new n n n n n Note that where the state law also provides a schedule of maximum deductions, also provides Note that where the state law do, the employer may only deduct the lower of the and Connecticut as New York two rates. imposes restrictions these additional on deductions: law Federal FLSA permits employers of domestic workers to deduct, from the worker’s deduct, from the worker’s of domestic workers to FLSA permits employers other benefits that they cost of meals, lodging, or wages, the reasonable below pay deductions reduce the worker’s to the worker – even if the provide of its actual costs, the If the employer maintains records the minimum wage. the actual cost or the fair value salary by the worker’s employer may reduce benefits. Even if an employer of the meal, lodging, or similar (whichever is less) though, the employer may still reduce a does not maintain any records, salary by the following amounts: domestic worker’s 3. ance premiums, pension payments, and union dues; and gross wages in a in writing, as long as they do not exceed 10% of the worker’s given pay period. safety regulations. pay her expenses. cannot deduct any tips she receives from her wages.

Rights begin at hoMe Protecting Yourself as a Domestic Worker :

reasonable allowance based on prevailing rentals of similar units. 20

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LODGING: Room occupied alone Room shared Room with shared bed Housing of more than one room $4.00/week Labor Commissioner may establish a The No deduction allowed $3.00/week connecticUt on DeDUctions lAW neW JerseY on DeDUctions lAW Connecticut law allows employers to take deductions from workers’ wages for allows employers to take deductions from workers’ Connecticut law cash if the deductions bring the worker’s the cost of food and lodging, even but an employer may not make any wages below the minimum wage, for food or lodging unless the worker agrees wages deductions from a worker’s for food that to the arrangement when she is hired. Employers can only deduct a reasonable is “adequate and nutritious,” and for a room or apartment that is heat, light, and ventilation. size and has enough privacy, included below deductions are The maximum allowable New Jersey law allows employers to make deductions for food and lodging allows employers to make deductions New Jersey law but the employer faces a high burden in claiming such to a worker provided to the “fair value” of the food and lodging, deductions. The deduction is limited and maintenance including adequate defined as “the cost of operation for interest on the depreciated depreciation plus a reasonable allowance An employer who claims a by the employer.” amount of capital invested records of the cost of furnishing such food or deduction is required to maintain or if there is of compliance with the law, is out lodging. If the lodging provided the “fair value” is zero and the employer no fair market value for the lodging, wages. Items found to be primarily worker’s may not deduct anything from the may not be included in the cost. Employers for the benefit of the employer the worker with meals and lodging. cannot profit from providing If the employer provides meals and lodging, he or she and lodging, meals provides If the employer than these rates: more cannot deduct Meals Lodging and utilities House or apartment $5.80/day and nutritious.” deduct for meals that are “adequate Employers can only must “meet generally room, house or apartment”, and Lodging “includes and all structural, sanitation for protection against fire, accepted standards and similar standards.” meal $2.50 per $3.10 per day loyer’s Home Home loyer’s at times when they are (2) during their normal sleeping hours 16 (1)

FOOD: FOOD: Light meal per day Maximum deduction for light meals Full meal per day Maximum deduction for full meals $0.45 $0.70 $0.85 $1.80 the exclusion is limited to eight hours, and the worker is able to get an uninterrupted night of sleep. the employer provides the worker with adequate sleeping facilities the employer provides neW York lAW on sleePtime lAW York neW FeDerAl on sleePtime lAW n n Under federal law, a worker required to be on duty for less than 24 hours at a a worker Under federal law, for the entire period of time she is on duty, time is considered to be working allowed to sleep, or does other with a place to sleep and even if she is provided personal activities when not busy. for periods of more than 24 hours at a time Live-in domestic workers on duty including sleep and time they are on duty, must be paid for the full period of and employer agree to exclude time for sleep- meal periods, unless the worker the form of a general arrangement made when ing. This agreement could be in the worker first starts employment. hours if: working can only exclude sleeping time from An employer n b. Special Rules for Workers who Sleep at their Emp their at Sleep who Workers for Rules Special b. Generally, workers must be compensated for all of the hours they work. workers must be compensated Generally, worked becomes more complicated when a Calculating the number of hours hours for all or part home or works overnight worker lives at her employer’s of the work week. allowed to leave the home. Note that the federal rules offer better protection to allowed to leave the home. Note that the federal rules offer better workers on this issue. solely because they are required to be on call, or New York law states that employees who live at their employer’s home at their employer’s who live states that employees law New York to be working: not considered are If the worker’s sleep is interrupted by a call to work, the time interrupted counts If the worker’s sleep during the as hours worked. If the worker cannot get at least five hours of scheduled off-duty period, she must be paid for the entire night. additional rules provide New Jersey and Connecticut State laws The New York, regarding compensation for sleeping and on-call time.

Rights begin at hoMe Protecting Yourself as a Domestic Worker

26 rmed by only one individual. individual. one only by rmed employees at a time and is is and time a at employees 27

grants most domestic workers

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23 connecticUt on meAl rest& lAW BreAks neW JerseY on meAl rest& lAW BreAks neW York lAW on meAl oF rest rest& lAW York BreAks neW AnD DAYs connecticUt on sleePtime lAW neW JerseY on sleePtime lAW FeDerAl on meAl rest& lAW BreAks Workers in Connecticut can count all time that they are required to be in the count all time that they are required in Connecticut can Workers all time on duty as hours worked. Meal times are not home and employer’s worker is required to perform work during the considered work time unless the meal time. week. the right to at least 24 continuous hours of time off in each calendar must be paid If the worker voluntarily agrees to work on her day of rest, she that day. time-and-a-half of her regular rate of pay for all hours worked on also grants workers 3 paid days off per year after one year’s The new law employment with one employer. not applicable to workers whose duties can be perfo be can duties whose workers to applicable not Most domestic workers cannot claim the protection of Connecticut’s meal and Most domestic workers cannot claim the protection of Connecticut’s states that employers are required to Although Connecticut law rest break laws. employees with 30-minute meal breaks for every 7 and 1/2 hour shift, provide 5 than more with employers to applies only law this New Jersey law does not require employers to provide meal or rest breaks. does not require employers to provide New Jersey law New York law entitles workers who work 6 or more continuous hours to a entitles workers who work 6 or more continuous hours law New York employer is not required to pay the worker for 30-minute paid meal break. The before 11am and lasts six hours, the worker’s the meal period. If the shift begins 2pm. If the shift begins before 11am and ends break must be between 11am and be allowed an additional rest break of at least the worker must at 7pm or later, 20 minutes between 5pm and 7pm. rights of Bill Worker Domestic York new the There is no right to a meal or rest break under the federal law. However, if an However, break under the federal law. There is no right to a meal or rest that provides short breaks of 5 to 20 minutes, federal law employer does provide work time. An employer can count the break time be considered compensable or more as unpaid time. longer meal breaks of 30 minutes Live-in domestic workers, and workers who work irregular on-duty hours, workers, and workers who work Live-in domestic be On-call time may on duty. no less than 8 hours for each day must be paid for to work so frequently or is so worked if the worker is called counted as hours her for effectively time that use cannot she that time on-call the during restricted must be request, she employer’s a worker arrives for work at her own benefit. If immediately sent home. one hour of work, even if she is paid for at least c. Meal & Rest Breaks and Days of Rest Rest of Days and Breaks Rest & Meal c. x statements at the end end the at statements x d income taxes or not, the the not, or taxes income d hhold federal and state in- state and federal hhold ted the wages paid. paid. wages the ted lary) and medical treatment. treatment. medical and lary) he statement for accuracy, accuracy, for statement he f these guaranteed benefits, benefits, guaranteed these f loyer is not required to do so. so. do to required not is loyer Benefits include monetary monetary include Benefits 18 Workers may also be required to pay state and municipal may also be required Workers 28 WOrkers’ cOMPensatiOn incOMe and taxes Other eMPLOyMent income taxes in addition to federal taxes. income taxes in wit employer her that request can worker domestic A come taxes from her pay if she desires, but the emp the but desires, she if pay her from taxes come withhol employer the that requests worker a Whether ta and wage with worker the provide should employer t double-check should Workers year. calendar the of under-sta or over- not has employer the sure making a worker should consider filing a return as she Even if her income is very low, worker does not have a social security number, may be entitled to a refund. If a taxes, and potentially receive a refund using an she can still report earnings, pay (ITIN). ITINs are tax processing Identification Number Individual Taxpayer Service to people who need a U.S. numbers issued by the Internal Revenue a are not eligible for, and have, but who don’t taxpayer identification number be used in place of a social The ITIN should never social security number. security number is required. security number where a social see on ITINs, information more For http://www.irs.gov/individuals/article/0,,id=96287,00.html. with tax issues, see low-wage workers For a list of groups that can assist Appendix A. In New York, New Jersey and Connecticut a worker’s immigration status has no New Jersey and Connecticut a worker’s In New York, workers, bearing on her eligibility for workers’ compensation. Domestic and Connecticut are subject to special eligibility rules in New York however, (see below). compensation (at some percentage of the worker’s sa worker’s the of percentage some (at compensation Workers’ compensation is an insurance program authorized by the state that compensation is an insurance program authorized by the state Workers’ The compensation to workers who have suffered a job-related injury. provides the – the worker, injured worker receives benefits regardless of who is to blame o Outside person. another or co-worker, a employer, the employee usually does not have the right to demand compensation from the from the the employee usually does not have the right to demand compensation lawsuit). a through (i.e. injuries the for employer 5. 4. Regardless of whether a worker is paid in cash or by check, she is legally a worker is paid in cash Regardless of whether and FICA taxes (social- earnings and pay income taxes required to report income falls below the federal taxes) unless her annual security and Medicare 2009, the federal threshold for the Internal Revenue Service. In threshold set by and $18,700 for married age 65 was $9,350 for single workers taxpayers under couples filing jointly.

Rights begin at hoMe Protecting Yourself as a Domestic Worker

31 30

29 19 workers must have earned more than $1,600 in a calendar must workers the employer could not afford to employ the worker any more any the worker to employ could not afford the employer cuts the work week from five to three or fewer if the employer generally speaking, generally for example, for example, uneMPLOyMent insurance

The worker must have worked enough weeks and earned enough in wages The worker must have worked enough weeks and earned enough The worker must be currently unemployed or partially unemployed The worker must be currently unemployed or partially unemployed and The worker must currently be able to work and be looking for work; The worker must have lost her most recent job through no fault of her own The worker must have lost her most recent job through no fault neW JerseY Workers’ comPensAtion lAW neW comPensAtion JerseYWorkers’ connecticUt lAW comPensAtion Workers’ neW York Workers’ comPensAtion lAW lAW comPensAtion Workers’ York neW quarter (3-month period) and worked more than six out of the last 18 months to more quarter (3-month period) and worked from It does not matter whether the earnings came from a single job or qualify. and different jobs. The earnings requirements are very complicated, however, who are unsure about whether they qualify should go ahead and apply. workers 4. in the past year-and-a-half. or moved out-of-state; or moved 2. pay; days and significantly cuts the worker’s 3. u u u Domestic workers in Connecticut are entitled to workers’ compensation if they Domestic workers in Connecticut or more per week. are regularly employed for 26 hours 6. Domestic workers in New Jersey are entitled to workers’ compensation. Domestic workers in New Jersey Domestic workers in New York are entitled to workers’ compensation if they are entitled to workers’ compensation in New York Domestic workers workers who Domestic more a week for the same employer. work 40 hours or by workers compensation if may be covered work fewer than 40 hours a week coverage insurance policy that provides their employer carries a homeowners’ for household workers. In order to receive workers’ compensation benefits, a worker must file a worker must file benefits, a compensation to receive workers’ In order board in her state. workers’ compensation claim with the appropriate for an employer against the law with wage claims, it is Similar to state practices who claims or attempts to discriminate against any worker to fire or otherwise the employee testified or is benefits, or because claim workers’ compensation a workers’ compensation matter. about to testify in Unemployment insurance (UI) is a state-run program that provides some a state-run program that provides Unemployment insurance (UI) is jobs. Payments are based on the amount income to workers who lose their the previous year. of money the worker earned during are: insurance unemployment for The main eligibility requirements 1.

36 , which protects workers from

35 38

37 Americans with Disabilities Act Americans with Disabilities Act 20 eligible for unemployment benefits in any state. any in benefits unemployment for eligible and the 33 not

Appendix B. Age Discrimination in Employment Act Act Age Discrimination in Employment aBuse, discriMinatiOn, and harassMent connecticUt Anti-DiscriminAtion lAW neW JerseY Anti-DiscriminAtion lAW neW York Anti-DiscriminAtionYork neW AnD Anti-HArAssment lAW FeDerAl Anti-DiscriminAtion lAW protect workers from discrimination due to race or disability. These laws, These laws, due to race or disability. protect workers from discrimination have at least 15 workers. Similarly, only apply to employers who however, the Domestic workers are excluded from the definition of “employee” under Domestic workers are excluded from the definition of “employee” domestic workers employment discrimination statutes. Therefore, Connecticut’s are not entitled to this protection under state law. New Jersey’s Law against Discrimination and Discrimination in Wages Law Law against Discrimination and Discrimination in Wages Law New Jersey’s both specifically exempt domestic workers. The Domestic Workers Bill of Rights prohibits the sexual harassment of The Domestic Workers domestic workers by their employers, and prohibits domestic employers national origin, race, from harassing workers based on the workers’ gender, or religion. 7. prohibiting discrimination by many laws Domestic workers are not covered specifically excludes either because the law and harassment in the workplace, employ only applies to employers who law domestic workers or because the workers work alone). multiple employees (and most domestic The 1964 Civil Rights Act A worker is no longer eligible for unemployment insurance benefits when she benefits when insurance for unemployment is no longer eligible A worker job. gets a new full-time are workers Undocumented The unemployment insurance office will likely check the immigration status of check the immigration status of insurance office will likely The unemployment in at the UI office can result UI benefits; filing false documents any applicant for serious legal problems. even if their employers eligible may file for benefits who are otherwise Workers paid them off-the-books. insurance taxes or failed to pay unemployment to show some proof of employment paid off-the-books may be asked Workers own records of including vouchers, checks, their to the Department of Labor, or record of bank deposits; even their own employment, personal tax returns, testimony may be a form of proof. to UI claims, of state DOL offices with regards For more information on the policies please see age discrimination, only applies to employers with 20 or more employees.

Rights begin at hoMe Protecting Yourself as a Domestic Worker 40

39 21 for a sample work record. Appendix I recOrd-keePing reQuireMents FOreMPLOyers neW York recorD-keePingYork neW reQUirements FeDerAl recorD-keePing reQUirements New York State law requires employers to keep payroll records that show State law New York records must hours worked, gross wages, deductions, and net wages. These an employer who be preserved for six years. In the event of a legal dispute, that the violates the recordkeeping requirements bears the burden of proving and wage complaining employee was paid all contested wages, benefits supplements. The FLSA requires employers to maintain payroll records that show the worker’s maintain payroll records that show the worker’s The FLSA requires employers to address, total hours worked by the worker for number, social security name, pay. and overtime taken by the employer, each week, any deductions or credits but all of the information must be kept No particular form of record is required, for 3 years. records, and a legal dispute arises, the If the employer does not keep adequate the worker’s up with evidence disproving burden is on the employer to come how much she has worked and what she is testimony and evidence showing owed. records of specific hours worked for live- Employers are not required to keep employer may create a work agreement that in domestic workers. Instead, the own hours hours, or can require the worker to record her states the worker’s if an employer in regular intervals. However, and submit them to the employer cannot file a does not keep good records, this does not mean that the worker complaint. worked should keep their own records of wages, deductions, and hours Workers employers may argue that the worker whenever possible. During a dispute, inaccurate or worked fewer hours than she actually did, and/or may present own records can be very helpful false records. In these situations, the worker’s to her claim. See 8. criminal Abuse and Harassment and Abuse criminal in to force a worker to engage employer, including an It is illegal for anyone, are These threaten a worker. contact, or to hit or physically physical or sexual to the police. The worker may a worker in any state can report criminal acts that should Workers assistance from a community organization. also want to get locations, gestures, including dates, times, of any abuse, record the details responses in a notebook. comments and her Federal and state laws require employers to keep accurate employment records, require employers to keep accurate employment Federal and state laws if they fail to do so. and employers can be penalized

Protecting Yourself as a Domestic Worker 43 42

41 23 immigration issues related to employment to related issues immigration A. emPloYers’ tHreAtsto A.rePort emPloYers’ Worker A to ice connecticUt recorD-keePing reQUirements neW JerseY recorD-keePing reQUirements Regardless of immigration status, workers are entitled to file complaints for Regardless of immigration status, and most other employment-related unpaid wages, workers’ compensation, (except for unemployment problems under both state and federal law insurance). The worker should not face questions about her immigration enforce status, and employment and labor agencies are not allowed to workers prohibits employers from reporting Federal law immigration laws. to immigration authorities in retaliation for exercising their rights. in ICE has an internal policy that limits immigration enforcement investigations include: workplaces where there is an ongoing labor dispute. Labor disputes compensation wage and hour violations, health and safety violations, workers’ refuse to claims and discrimination complaints. Nonetheless, workers should numbers answer any questions about their immigration status or social security about these to a by employers or public officials and should report any questions trusted community advocate. This section addresses concerns particular to immigrant workers, including This section addresses concerns to Immigrations and Custom Enforcement employers’ threats to report a worker passport; work authorization a worker’s (ICE); employers’ threats to confiscate employers to obtain a green card, A-3 and G-5 requirements; false promises by and anti-trafficking laws. Visas; ii. Employers are required to keep records of their workers’ hours, wages and to keep records of their Employers are required must include: the worker’s for at least three years. Records working conditions address, hours worked, cash wages complete social security number, name, Con- and lodging, and extra pay for overtime. paid, deductions claimed for food the federal the same basic protections as provides necticut record-keeping law the bur- employer who has failed to keep wage and hour records bears An law. precise amount of work performed. den of showing evidence of the New Jersey law requires all employers to keep detailed records of their workers’ to keep detailed records requires all employers New Jersey law employer making deductions conditions for six years. Any wages and working the cost records that prove for food or lodging must keep wages from a worker’s or lodging. the food of providing ort An employer An employer worker o Protect Protect o ations of their their of ations ” offers offers ” rg/immsemplymnt/ “casual” (category b).

45 24 required for casual workers or NOT 44 Persons employed for casual domestic work in a private 46 “independent contractor” to be undocumented. An occasional babysitter—but not a full-time nanny Federal immigration law makes it unlawful to employ someone makes it unlawful Federal immigration law knows excePtiOn the tO WOrk authOriZatiOn WOrk authOriZatiOn veriFicatiOn Example: Casual Workers: Workers: Casual

c. Workc. AUtHoriZAtion B. emPloYers’ tHreAtsto conFiscAte B. emPloYers’ Worker’s A PAssP veriFicatiOn reQuireMent home on “sporadic, irregular, or intermittent” basis. irregular, home on “sporadic, ◆ a. 2. only needs to know whether a worker is authorized to work in this in is authorized to work whether a worker only needs to know country. work authorization. knowing that person does not have 1. Employers do not need to know a worker’s immigration status. a worker’s Employers do not need to know It is wrong for an employer to take away a worker’s passport or threaten to passport a worker’s employer to take away It is wrong for an take legal action against the employer for do so. The worker may be able to if her employer should consult a lawyer these wrongful acts. The worker worker lawyer and her passport. The confiscates or threatens to confiscate strategy taking into consideration the can decide on the appropriate legal in a immigration status and whether she is currently involved worker’s against her employer. lawsuit Yourself when Filing a Complaint against Your Boss, Your against Complaint a Filing when Yourself viol the report to want who workers for suggestions http://nilc.o at: available is guide The employers. IWR_Material/Worker/08-How_to_protect_yourself.pdf. The National Immigration Law Center’s guide, “How t “How guide, Center’s Law Immigration National The Verification to fill out an Employment Eligibility Employers are generally required the with the employee in order to prove Form (called an “I-9 Form”) together employer did not knowingly employ someone without work authorization. (category a) and independent contractors. independent It is important to note that while a person who contracts with an the contractor or casual worker is not required to complete an I-9 Form, worker person cannot contract with an independent contractor or casual he or she The following are explanations of who qualifies as a authorization verification is Work

Rights begin at hoMe Protecting Yourself as a Domestic Worker -Proving_ “independent “independent (The legal and ailable at: at: ailable Law Center’s guide, guide, Center’s Law may be able to help workers may be able to help workers 25 The worker is also required to sign the A worker may be considered an may be considered A worker 48 47 Appendices C and D under immigration law if she: law under immigration independent contractors: contractors: independent FiLLing Out the i-9 FOrM Determines the hours during which the work is to be done. hours during which the work is Determines the Directs the order or sequence in which the work is to be done or sequence in which the work Directs the order Invests in the facilities for work Invests Has an opportunity for profit or loss as a result of labor or services provided for profit or loss as a result Has an opportunity Works for a number of clients at the same time for a number of clients Works Makes services available to the general public Makes services Supplies the tools or materials she uses for work Supplies the tools D. FAlseD. Promises oF A green cArD Application for Permanent Labor Certification saying that she intends to accept Application for Permanent Labor Certification saying that she intends not signed if a worker has the job with the employer if the petition is approved; Employers may offer to take care of a worker’s immigration matters, but Employers may offer to take care of a worker’s immigration status is a matter for an immigration attorney. community groups listed in community attorneys.) find reliable immigration card; however, Often employers say that they will sponsor a worker for a green In order it can take many years to obtain a green card for a domestic worker. make an to sponsor a worker for a green card, an employer has to first Department of Labor for employment certification application to the U.S. to hire using Form 750A. The employer has to show that he or she attempted but that no one was someone who was already work authorized in the U.S., submit a available with the required qualifications. A worker must also companion form, Form 750B. 3. b. b. “Proving Work Authorization and Re-verification,” av Re-verification,” and Authorization Work “Proving http://nilc.org/immsemplymnt/IWR_Material/Worker/01 Work_Auth.pdf. In cases where the employer is required to verify work authorization, the In cases where the employer is required with the employee. On this form, the employer employer will fill out an I-9 form a document that shows the employee must verify that he or she has examined lists acceptable forms of proof of work is authorized to work. The I-9 form choose which document(s) from the list to show authorization. The worker may the The employer cannot refuse to accept a document that is on the employer. for more or different documents than the ones list, and cannot ask the worker the right to keep the original The employer does not have the worker provides. documents. A copy is enough. Immigration National the see information, more For No one of these factors is determinative. They are all taken into consideration. factors is determinative. They are No one of these ◆ ◆ ◆ ◆ ◆ ◆ contractor” contractor” ◆ nization of American States States American of nization o employment contracts. employment o U.S. State Department, the the Department, State U.S. ranted an immigrant visa number. number. visa immigrant an ranted 26

49 Freedom to leave the employer’s home when not working Freedom to leave the employer’s Payment of medical insurance and costs Maintaining records of wages paid documents A prohibition on confiscating workers’ personal property and Limitations on deductions that can be made for room and board Payment of overtime Days off A promise by the employer not to confiscate the worker’s passport; to confiscate the worker’s A promise by the employer not worker that the worker cannot be required A statement by the employer and worker will be paid, as well as how An explanation of how much the sick days, and A description of the work duties, weekly work hours, holidays, A guarantee that the worker will be paid the federal or state minimum wage A guarantee that the worker will accept any other employment; A promise by the worker not to e. A-3 AnD g-5VisAs If the I-140 is approved, then the worker will be g be will worker the then approved, is I-140 the If The process can take a very long time and there are no guarantees a worker take a very long time and there The process can of A worker should be skeptical card, as they are difficult to get. will get a green and easily. to help her get one quickly anyone who promises ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ If a domestic worker is employed by certain officials of international organiza- If a domestic worker is employed Bank, diplomats, Fund (IMF), World tions such as the International Monetary cases, State Department personnel, her visa embassy personnel, and, in some will be called an A-3 or G-5 visa. signed one of those visas must include a contract The application for including: and worker by employer such a form, her employer has not begun the process of sponsoring her. Then, Then, sponsoring her. the process of has not begun her employer such a form, ad- the employer still has to file certification is granted, even if the employment I-140 Immigrant Petition for on behalf of the worker—Form ditional paperwork Alien Worker. If a worker feels her contract or working conditions violate her rights under the A-3 or working conditions violate her rights under the A-3 feels her contract If a worker organizations listed in or G-5 visas, she should consult one of the community Appendix D. also have their own codes of conduct with respect t respect with conduct of codes own their have also to remain at the employer’s house after working hours without pay; to remain at the employer’s frequently she will be paid; and vacation days. the as such organizations, international Different Orga the and Nations United the IMF, and Bank World address: these codes of conduct Generally, or prevailing wage, whichever is greater; whichever or prevailing wage,

Rights begin at hoMe Protecting Yourself as a Domestic Worker by means of providing her with providing (3) (1) withholding or destroying (3) compelling her to engage in (4)

52 53

27 51 by making the person believe that she or another believe that she or another by making the person (2) threatening serious harm to, or physical restraint against harm to, or physical restraint threatening serious (1) requiring her to repay a fraudulent debt; (2) neW York Anti-trAFFickingYork neW lAWs FeDerAl Anti-trAFFicking lAWs F. Anti-trAFFickingF. lAWs Immigrant victims of trafficking may be eligible for a special type of visa called a Immigrant victims of trafficking enforcement agencies to state or local law if they cooperate with federal, T-visa or prosecution of trafficking (and meet other eligibility assist in the investigation but who for their labor, workers who are not paid requirements). For example, turn them into immigration authorities or harm are kept on the job by threats to may be eligible. If successful in obtaining a T them or their family in some way and obtain employment authorization for U.S. visa, a worker can remain in the may apply for a green card. three years, after which the worker if a similar relief to victims of certain criminal activities The U visa provides officials in enforcement or other government they are willing to assist law U visa recipients can remain or prosecution of those crimes. the investigation authorization, and apply for a green card. obtain employment in the U.S., by employers Qualifying criminal activities include crimes that are committed imprisonment, in workplaces, such as abusive sexual contact, blackmail, false perjury, peonage, obstruction of justice, servitude, assault, involuntary criminal restraint, or other substantially trafficking, witness tampering, unlawful similar criminal activity. her government identification documents; or identification documents; her government Labor trafficking is a felony crime in New York State. “Labor trafficking” occurs York State. Labor trafficking is a felony crime in New when a person forces another person to work either by accusation of criminal conduct, or the labor under threat of physical injury, threat of deportation. to the traf- A victim of labor trafficking may not be prosecuted as an accomplice a private right of action, which means that the does not provide The law ficker. a government trafficking victim cannot sue the abuser on her own behalf; only entity can bring a case. drugs; her or another person; her or another person; Federal law defines “labor trafficking” as forcing someone to work, or “labor trafficking” as forcing defines Federal law in work from another or transporting her to engage recruiting someone location by or serious harm or physical restraint; person would suffer or the legal process. abuse of law the abuse or threatened prison sentences for labor traf- enforcement authorities can seek fines and Law trafficking victims law provides anti-trafficking fickers in criminal court. Federal that trafficking victims may sue their with a private right of action, meaning abusers in civil court. victimst and U visas for of trafficking

55 54 28 Resources for Trafficking Victims. Trafficking for Resources

Appendix E: connecticUt Anti-trAFFicking lAWs neW JerseY Anti-trAFFicking lAWs Under Connecticut law it is a felony to traffic persons and those subject to it is a felony to traffic persons law Under Connecticut Trafficking in persons is a right to directly sue their trafficker. trafficking have or induce another person to engage in defined as using “coercion” to compel work. should seek the assistance of an who believe they are victims of trafficking Workers attorney or advocate. See Human trafficking is a felony crime in New Jersey law. Human trafficking occurs Human law. is a felony crime in New Jersey Human trafficking by threatening labor or services another person to provide when a person forces possessions (including coercion, destroying or taking bodily harm, criminal documents), or documents such as immigration-related personal identifying abuse of the law. abuse or threatened

Rights begin at hoMe

. These enforcement enforcement These . against employers. employers. against for a sample employment mplaints or claims with state state with claims or mplaints ultaneously. These rights rights These ultaneously. worker can pursue to enforce enforce to pursue can worker he right to breaks, and the rights rights the and breaks, to right he 30 Appendix F for lists of legal and community resources in New York, in New York, resources for lists of legal and community for a sample confirmation letter. for sample work records. Appendix G Appendix I enforcing workers’ rights workers’ enforcing Appendices C and D Putting the terms and conditions of employment in writing, ideally before Putting the terms and conditions of employment in writing, ideally Keeping accurate records of time worked and pay received. accurate records of time worked Keeping Documenting any violations or abuse at the time they occur. include the right to be paid for all time worked, t worked, time all for paid be to right the include insurance unemployment and compensation workers’ to lawsuits filing and agencies, enforcement federal or the the worker has over in terms of the amount of control Each strategy differs available. For instance, as well as the types of outcomes enforcement process agency to enforce her rights, agency lawyers if a worker goes to a government to bring the and whether or not investigation will decide how to complete the of penalties will be largely within the claim before a judge. The assignment if a attorneys or the Attorney General. Alternatively, discretion of the agency’s to enforce her rights, she may have more worker goes directly to the courts her own lawyer. the process but she will have to find control over prosecution against her employer on her own A worker cannot bring a criminal authorities may do so. – only government against an employer to enforce her rights, If a worker chooses to take action a legal services agency for advice or approaching a worker center or representation is strongly recommended. See This section will explain several strategies that a that strategies several explain will section This sim or time a at one either – job the on rights her co filing letters, demand writing include strategies iii. iii. contract and starting to work for an employer. See starting to work for an employer. New Jersey, and Connecticut. New Jersey, and taking action against an employer, Whether or not a worker plans on she chooses, taking the following steps can whatever enforcement strategy help her to protect her rights in the future: ◆ See ◆ A worker should keep all notes and records in a safe place under her control. A worker should keep all notes and records in a safe place under ◆

Rights begin at hoMe Protecting Yourself as a Domestic Worker 31

for a sample demand letter.

Appendix H File a complaint with the appropriate state or federal agency; and/or hiring File a case in court, either by herself in small claims court or by Propose a time, date and place to meet and discuss the claim with the Propose a time, Protest at the employer’s home or place of business; Protest at the employer’s bad acts in the media; and/or Publicize the employer’s File a complaint with the appropriate state or federal agency; Follow-up steps including an explanation of the consequences for the Follow-up steps including an explanation A statement of the law(s) violated the law(s) A statement of worked A summary of the dates and times A request for payment and to negotiate, A proposed payment plan or meeting A. DemAnD letters employer; s s a private attorney. letter Whatever steps are chosen, it is important to follow-up. A demand think a without follow-up is meaningless and can lead the employer to worker is not serious. groups, organizing on legal liability for information more For Project’s Law please see the National Employment Action Campaigns without Getting SLAPP’ed” “Engaging in Direct guide at: http://nelp.3cdn.net/a1eaf7bc861e8d5ae7_kpm6bf4qn.pdf. s s s s individuals can: can: individuals Organizing groups can: can: groups Organizing Workers and their advocates should be prepared to follow-up a demand letter and their advocates should be prepared Workers does not respond to the letter or refuses to with further action if the employer can vary depending on who Follow-up to a demand letter comply with the law. simple as saying someone will call the sends it. The follow-up can be as should carefully consider what resources employer on a given date. A worker including community and advocacy groups, when propos- are available to her, of possible follow-up steps. ing follow-up. Below are examples n Letter demand a to steps Follow-up a typical demand letter includes: letter demand typical a n n n n Demand letters are sent to employers to notify them that they have violated a are sent to employers to notify them Demand letters and are of a dispute, be used at any time in the course rights. They can worker’s wages or otherwise solve unpaid negotiations to recover often a way to begin an organizing by a worker, A demand letter can be sent a workplace problem. attorney. group, and/or an employer if he or she fails to respond. See

32 for a listing of the U.S. Department of Labor offices in the tri-state for a listing of the U.S. for more information on statutes of limitations. for more information on statutes Appendix B Appendix K FiLing cOMPLaints With FederaL agencies and state A. ViolAtionsA. oFWAge AnD HoUr lAWs B. B. legAl Action U.s. Department of Labor U.s. nY, nJ and Ct Departments of Labor nY, New the Standards, Labor of Division Labor’s of Department State York New The Division of the Wage Development’s Jersey Department of Labor and Workforce and Wage and the Connecticut Department of Labor’s and Hour Compliance, Standards Division all help workers to collect underpaid or withheld Workplace including illegal deductions. If a worker decides to wages due under state law, A worker may file a complaint with the U.S. Department of Labor’s Wage and Wage U.S. Department of Labor’s with the A worker may file a complaint and her employer paid her less than the by FLSA Hour Division if she is covered or rate, federal minimum wage and/or failed to pay her the required overtime did not pay her at all. See office. DOL US the to them with advocate other or lawyer a bring may Workers area. instead choose may laws by the state minimum wage covered Workers to file a claim at their State Department of Labor. 1. in the tri-state area with staff state and federal agencies have offices Various about unpaid wages and overtime, available to handle workers’ complaints and workers’ compensation and discrimination or sexual harassment, unemployment insurance claims. Before she brings a claim to a government agency or files a case in court for agency or files a a claim to a government Before she brings a worker or state labor laws, other violations of the federal unpaid wages or or state law, under federal law, whether to bring her claim(s) will have to decide the worker better protections gives will depend on which law both. The decision level of damages also differ in what The state and federal laws and/or remedies. if she wins. a worker can recover for a violation that took action against an employer If the worker is bringing to consider whether the applicable laws’ place in the past, she will also have to bring a claim at all, and for what time “statute of limitations” allows her the maximum period of time after a violation period. A statute of limitations sets can be initiated. has occurred in which legal proceedings See

Rights begin at hoMe Protecting Yourself as a Domestic Worker

atment and the claims process; claims the and atment 33 for addresses and telephone numbers for the New York, for the New York, for addresses and telephone numbers for more information on the NY, NJ and CT DOLs, including office NJ and CT DOLs, including office on the NY, for more information Appendix B Appendix B Keep a calendar noting when forms were filed, dates of medical a calendar noting when forms Keep Get medical reports from the doctor. Keep a log of all phone calls, medical appointments, treatments, and the a log of all phone calls, medical appointments, treatments, and Keep tre medical injury, the to relating papers all Keep B. Workers’ B. comPensAtion Connecticut and New Jersey Workers’ Compensation offices. Compensation Workers’ Connecticut and New Jersey appointments, appeals dates, etc.; and workers must file their claims within two years of and New Jersey, In New York Connecticut must Workers in the date of the accident to be eligible for benefits. file their claims within one year. provide laws and Connecticut workers’ compensation New Jersey, New York, by failing law some protection to injured workers whose employers violate the a fund to to carry workers’ compensation insurance. These programs include for payment of medical expenses and temporary disability benefits to provide the required workers’ com- injured workers whose employers failed to provide and who fail or refuse to make workers’ compen- pensation insurance coverage awarded. sation benefit payments as See impact of the injury on the worker’s life; impact of the injury on the worker’s s s s s A worker who is injured on the job should first seek medical care if she needs A worker who is injured on the she was injured at work and ask the tell the doctor it. She should see a doctor, This will help establish a record of the injury. doctor to fill out a medical report. employer in writing of her injury and how it The worker should also notify her occurred. for workers compensation benefits with her The worker must then file a claim claim forms are available on the Compensation Board. The Workers’ state’s hold a hearing, where a judge may hear the Boards’ websites. The Board will appeal testimony and review medial and other evidence. A worker can worker’s decision if her claim is denied. the judge’s steps: additional the following should take Workers resolve a dispute with her employer through her state’s DOL, her first step will DOL, her first her state’s employer through dispute with her resolve a files the complaint in person, with the Department. If she be to file a complaint advocate with her. she may bring an files a complaint, the state to pay a worker after the worker If an employer fails the unpaid and take other steps to reclaim an investigation DOL may initiate wages. See numbers. addresses and telephone benefits directly deposited). directly benefits 34 for additional information and phone numbers. of this guide.

Appendix B gOing cOurt tO Bank information (if the worker intends to have the have to intends worker the (if information Bank in the last 18 months including: Employer information on all employer(s) Pencil/pen and paper. Social Security Number. c. UnemPloYment insUrAnce Instead of filing a complaint with a state or federal agency, a worker owed wag- Instead of filing a complaint with a state or federal agency, not need immigration Workers do in court. es by her employer may file a lawsuit documentation to take legal action. name, address, telephone number, beginning and end dates of employment, and beginning and telephone number, address, name, reason for separation. benefit rate based entitlement and worker’s The UI Division will determine the reported. If the employer reports less wages on the wages the employer has her benefits rate determination may be than the worker has actually earned, employer has failed to report any wages, the lower than it should be. And if the eligible for benefits at all. worker may be told that she is not Division should carefully review the benefits determination from the UI Workers information that will help show additional for errors and be ready to provide cannot resolve who their earnings - even their own informal records. Workers UI ruling may problems with the initial determination and are unhappy with the of an advocate request a hearing. In either event, workers should seek the help familiar with the UI system. See citizen, the worker will need an Alien worker is not a U.S. If the Citizenship and Documentation issued by the U.S. Registration Services (USCIS). This includes the alien registration type Immigration Authorization and Employment name, country of origin, number, and or Permanent Resident Card if authorized to work in the United Card States. 2. s s s s For a summary of basic unemployment insurance requirements, requirements, insurance a summary of basic unemployment For see page 19 and meets the eligibility a worker who loses her job Generally speaking, file an initial claim and then Unemployment Insurance must requirements for phone or on the internet. on a weekly basis, usually by request payments available: following the have should worker file a claim, a To

Rights begin at hoMe Protecting Yourself as a Domestic Worker

izations and and izations ing Worker Centers. Centers. Worker ing New York County is is County York New at 111 Centre Street, Street, Centre 111 at 35 for additional information on Legal Services Organ Services Legal on information additional for for information on Domestic Workers Groups, includ Groups, Workers Domestic on information for Appendix C Appendix A. smAll clAims coUrt Appendix D Appendix Small claims proceedings are intended to provide a low-cost, simplified, and a low-cost, simplified, to provide Small claims proceedings are intended amounts smaller involving disputes resolve to individuals for procedure informal in Small Claims courts often do not use an People who file complaints of money. not required to do so – they are called “pro se” attorney in these matters and are to consult an advocate for advice before litigants – but workers may want deciding to file a complaint. Guide to Small Claims Court,” “Plaintiff’s see the information, more For at website Project Law on the National Employment available http://www.nelp.org/page/-/Justice/2010/AssistingNYSmallClaims. pdf?nocdn=1. small claims court York new a worker with a claim for $5000 or less may file her claim City, In New York for court Claims Small The Court. Claims Small in the located, along with the New York City Civil Courts, Civil City York New the with along located, 10013. NY York, New a worker with a claim of $3,000 or less can bring an City, Outside of New York courts. and Village action in the Town See http://www.courts.state.ny.us/courts/townandvillage/ City. additional court locations outside of New York for file a complaint In order to begin an action in small claims court, a worker must the clerk in the form. This form can be filed through the mail or in person with county in which the case will be filed. This section does not describe the process for bringing a lawsuit in state or in state a lawsuit for bringing the process does not describe This section or federal court are in state rules for bringing a lawsuit federal court. The at a legal services office should consult with an attorney complicated; a worker to sue her employer. if she thinks she may want or at a worker center See Small claims court, on the other hand, may be a good alternative for some on the other hand, may be a Small claims court, claims are relatively small. workers whose Part 36 Include payment of applicable filing and service fees. Contain a signed and completed form. Provide the worker’s full name, address, and telephone number. address, and telephone number. full name, the worker’s Provide the correct name(s) and address(es) of the employer. Provide State the amount of money for which the worker is suing. State the reason why the employer owes the worker money. the State whether at the present time there is any other case involving Provide the correct name(s) and address(es) of the employer. name(s) and address(es) of the correct Provide is suing. of money for which the worker State the amount money. why the employer owes the worker State the reason and completed form. Contain a signed fees. of the correct filing and service Include payment Provide the worker’s full name, address, and telephone number. number. address, and telephone full name, the worker’s Provide ◆ ◆ ◆ ◆ ◆ ◆ A complaint must: A complaint ◆ ◆ ◆ ◆ ◆ ◆ A complaint must: complaint A ◆ For information on filing the complaint, see the Small Claims court FAQ FAQ on filing the complaint, see the Small Claims court information For at http://www.judiciary.state.nj.us/civil/civ-02.htm. website to assist and kits on their website forms New Jersey also provides in court at: themselves representing workers http://www.judiciary.state.nj.us/prose/index.htm. employer and worker and, if so, the name of the court. Workers in New York City can also visit the Civil Court’s Resource Center and Resource Center and also visit the Civil Court’s City can in New York Workers also called Resource Se Attorney” for free. Pro Se Attorneys, meet with a “Pro legal employed by the Civil Court who provide Center Attorneys, are attorneys litigants. They cannot provide and procedural information to self-represented specific legal advice. on filing the complaint please see the information For at: Small Claims court website http://www.courts.state.ny.us/courts/nyc/smallclaims/index.shtml. civil special the and court claims small Jersey new In New Jersey, a worker with a claim for money damages of $3,000 or less may a worker with a claim In New Jersey, Workers who bring an action in Small Court. file her claim in the Small Claims $3,000 or raise additional claims at a more than Claims court cannot recover issue. later time concerning the same must file a Small Claims complaint form. In order to begin an action, a worker mail or in person with the Clerk of the Special This form can be filed through the the case will be filed. Civil Part in the county in which

Rights begin at hoMe Protecting Yourself as a Domestic Worker 37 http://www.jud2.ct.gov/webforms/forms/fm075.pdf http://www.judiciary.state.nj.us/civil/forms/11208_filingfeewaivreq.pdf http://www.nycourts.gov/courts/6jd/forms/SRForms/index.shtml or less.

The defendant resides or conducts business; or, The defendant resides or conducts The transaction or injury occurred. The plaintiff resides; or, B. B. coUrt costs NEWYORK: NEW JERSEY: CONNECTICUT: For more information about Small Claims Court, and to download the the Small Claims Court, and to download about information more For at: Small Claims website visit the small claims form, http://www.jud.state.ct.us/faq/smallclaims.html#q2. If a worker feels that she cannot afford the court filing fee and service costs, she If a worker feels that she cannot a waiver if she can can apply to have the fees waived. The courts may provide public benefits, show that her income falls below a certain level, if she receives or if the court costs will cause her significant financial hardship. New Jersey and Connecticut all permit low-income claimants to apply New York, fees waived. for “poor person status,” or “indigent” status, in order to have filing websites: at the following available and instructions are Forms 2) 3) 1) For information on filing the complaint, and to download the small and to download on filing the complaint, information For at Civil Part website see the Special claims form, http://www.judiciary.state.nj.us/civil/civ-03.htm. small claims courtConnecticut damages less than $5,000 can file in A worker with a claim for money Small Claims Court. Connecticut’s case by filing the “Small Claims Writ and A worker may start a Small Claims may be filed at the Centralized Small Claims Notice of Suit” Form. This form where: Office or at the small claims area special Part Civil Civil Part Court is similar to the filing a complaint in the Special The process for threshold for claims is higher: in Small Claims court, but the process for filing individuals with claims of Part is designed specifically for the Special Civil $15,000

58 38 57 56 connecticUt lAW Anti-retAliAtion neW JerseY Anti-retAliAtion lAW neW York Anti-retAliAtion lAW lAW Anti-retAliAtion York neW FeDerAl Anti-retAliAtion lAW c. Protection From retAliAtion New Jersey law prohibits employers from firing or otherwise retaliating against prohibits employers from firing New Jersey law or to the Department of Labor about workers who complain to their employers violations. Employers are similarly prohibited from minimum wage or overtime institutes a proceeding against her employer retaliating against a worker who violations. for minimum wage and/or overtime Both federal and state laws prohibit employers from retaliating against workers employers from retaliating prohibit state laws Both federal and protections. violations of wage and hour who complain about against workers who file employers from retaliating prohibits Federal law enforce their rights. Federal or give testimony to or lawsuits, formal complaints anti-retaliation clause covers divided as to whether the FLSA appeals courts are their employers. Because the make only verbal complaints to individuals who receive the greatest protection under the workers is unsettled at this stage, law may want to seek when they file formal complaints in writing (and workers law they do so). the advice of a worker center when New York law prohibits employers from firing, punishing, or discriminating prohibits employers from firing, punishing, or discriminating law New York to her employer or to the Department of Labor against a worker for complaining not limited to failure to make minimum wage for labor disputes including but It is also illegal for employers to retaliate against a payments. and/or overtime claim against the employer or is testifying in a worker because she has filed a lawsuit. Connecticut law prohibits employers from firing, disciplining, or otherwise Connecticut law behalf files penalizing a worker if the worker or someone acting on the worker’s also prohibits employers from retaliating The law a claim against the employer. or instituting investigations. against workers for testifying in lawsuits

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60 40 If you use an agency, try to find one that does not charge you a fee. If you If you use an agency, tips for finding work and negotiating with an employ an with negotiating and work finding for tips Cut out and save the ad. Ask the employer to pay for travel expenses to and from the interview. Ask the employer to pay for travel Tell someone where the interview is, when you’re going and when someone where the interview Tell notes. Bring a notebook and pen to take eMPLOyMent agencies eMPLOyMent tiPs FOr WOrkers resPOnding an tO ad

neW York lAW on Agencies emPloYment lAW York neW A. FinDingWork can’t find an agency that does not charge a fee, then be sure that the agency find an agency that does not charge a fee, can’t allows. does not charge more than the law New York law regulates employment agencies that provide job placement regulates employment agencies that provide law New York that agencies services for domestic workers and places some limits on the fee workers and potential employers with a may charge. Agencies must provide rights and employer obligations under state written statement of the worker’s a general description of employee rights and employ- including and federal law, and hours overtime regarding minimum wage, er obligations pursuant to laws insurance of work, record keeping, social security payments, unemployment and workers’ compensation. disability insurance coverage coverage, u 2. u u to come back. In fact, try to get someone to go with you you expect u interview. to the 1. To find a job as a domestic worker, some workers call an agency, answer a answer agency, some workers call an a domestic worker, find a job as To or call a on a neighborhood parents’ listserv, newspaper ad, search or advertise person suggested by a friend. This section provides advice to workers seeking a job, such as how to respond such as how workers seeking a job, advice to This section provides an interview how to approach to use an employment agency, to ads, whether payment, and what information how to negotiate employer, with a prospective to obtain in writing. iV. iV. Employment agencies maintain lists of employers who are looking for domestic Employment agencies maintain lists of employers who are looking each domestic help. The agency receives a commission from the employer for worker it places. Fees: When you call in response to an ad, an employer will often want to set up a When you call in response to an a long time on the phone. meeting time rather than talk for to an advertisement: when responding Things to remember

Rights begin at hoMe Protecting Yourself as a Domestic Worker

62 61 e meals and lodging are provided are lodging and meals e 41 12% of the worker’s first full month’s salary if one meal per day is provided salary if first full month’s 12% of the worker’s thre two meals per day are provided salary if if first full month’s 14% of the worker’s salary month’s full first worker’s the of 18% 10% of the worker’s first full month’s salary if the employer does not provide the employer does not provide salary if first full month’s 10% of the worker’s connecticUt on Agencies emPloYment lAW neW JerseY on Agencies emPloYment lAW An employment agency in Connecticut can charge a worker a fee for finding An employment agency in Connecticut the placement fee to the agency and does not employment. If the worker pays the employment than ten weeks, however, remain in that position for more worker is The the fees paid by the worker. agency must refund a portion of owing which is entitled to a refund or adjustment of that part of the fee paid or for that em- greater than ten percent of the amount she has received in wages ployment. n n n New Jersey employment agencies are permitted to charge workers a fee. Where New Jersey employment agencies cause or where the worker quits for just cause, the worker is discharged without one percent of the total fee for each day she may not be charged more than refund of any additional money she has already worked, and she is entitled to a paid. Agencies must also provide job applicants with a written statement explaining explaining a written statement applicants with job must also provide Agencies the name and address of the terms of employment, including the “nature and employment, the name and the applicant is to apply for such person to whom such position, wages, hours of authorizing the hiring for address of the person agency fee.” services to be performed and work, the kind of than: more a worker not charge may in New York An agency n meals or lodging The courts have found that the New York Human Rights Law applies to Human Rights Law York The courts have found that the New agencies may not discriminate in their employment agencies, and therefore hiring process. w long did she work for you? for work she did long w Appendix F. 42 Do you pay overtime after an 8 hour day? Do you pay overtime How many people are in the household? Do you provide paid sick leave? If so, can I rest assured that my right to take paid sick leave? If so, can I rest Do you provide Where will I sleep? Is it heated? Am I expected to sleep in the same room Where will I sleep? Is it heated? Am I expected to sleep in the same in any way? my access to phone and mail be limited Will out will you give me if you no longer need How much notice to move Do you pay for workers’ compensation insurance? How much advance notice do you give when overtime is required? you give when overtime How much advance notice do How many residences do you have? When will I be eligible for a raise? do you pay for taxi fare home? Do you pay transportation costs? If I work late, Will I have regular days off? I have regular Will and what time will it end? What time will my work day begin, I bring my lunch? How will I take my meals? Can expected to care for them? Do you have pets? If so, will I be home and what are their responsibilities? How many employees are in the you travel? If not, will I be paid when you Am I expected to go with you when Am I the first person in this position? Ho leave? babysitter/housekeeper last the did Why What would my responsibilities be? Am I expected to do babysitting and responsibilities be? Am I expected What would my How will I take my meals? Is there a meal allowance? If they say, “light housekeeping,” ask them to specify. “light housekeeping,” If they say, How much paid vacation time will I have? How much paid vacation time B. tHe B. interVieWWitH tHe emPloYer be unreasonably denied? won’t sick leave ? ? ? ? ? ? ? ? ? ? if you will live-in if you ? ? ? ? ? ? ? ? ? ? ? SAMPLE INTERVIEW QUESTIONS FOR WORKERS QUESTIONS SAMPLE INTERVIEW ? The way the employer treats you during the interview can give you an idea of treats you during the interview The way the employer protect yourself, it is important she/he will be. In order to the type of employer of the job and working things as possible about the nature to clarify as many responses to your take notes on the employer’s to Try conditions in advance. or soon after the interview. questions during ? as the child? my services? For an example of a Standard contract, see contract, For an example of a Standard are away? only babysitting, or only housekeeping? housekeeping,

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44 to write down what the employer tells the worker the employer tells the worker to write down what

A notebook and a pen A notebook and How long have you been in the U.S.? Are you comfortable answering phone calls? Can you read English? Do you have any disabilities or health problems? Where are you from? Do you have any kids? Do you plan to have kids soon? Where is your family? Are you married? Do you have a boyfriend? Are you married? Do you have How old are you?

Are you a citizen? Do you have a green card? The employer will not let a friend come with you to the interview. not let a friend come with you The employer will your questions. The employer avoids of the conversation. responsibilities in the course The employer increases English. The employer comments on your make a commitment to your demands The employer does not want to comments. The employer makes racist or sexist a document that waives your right to minimum The employer asks you to sign ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ Most personal questions are irrelevant and inappropriate. In some contexts, Most personal questions are irrelevant an employer asks these questions questions like these are illegal. Sometimes, times, an employer may use these questions to to try to get to know you. Other want to answer a question, you can ask don’t discriminate against you. If you to a job requirement. the employer whether it is related ◆ about the job. It is important to keep a record of anything that the employer a record of anything that the It is important to keep about the job. how much and how often about the work they will be doing, tells the worker etc. they will be paid, Questions about Your immigration status immigration Your Questions about ✖ ✖ you about These are inappropriate questions. Employers do not need to ask An employer only needs to know your immigration status during an interview. whether you are authorized to work in this country. Personal Questions Personal ✖ ✖ ✖ ✖ ✖ right away. ✖ ✖ Even if compensation. These rights cannot be waived. overtime wage or signs such a document, her employer must pay the minimum the worker compensation. overtime wage and Warning signals Warning things to bring to the interview to bring to things ◆

Rights begin at hoMe Protecting Yourself as a Domestic Worker 45 Agencies that don’t let you take the contract home to review it, Agencies that don’t Agencies that insist on receiving your wages from the employer a passport or other documents. Requests to hand over Agencies that charge you a commission for placing you. you Agencies that do not find out about your skills before sending Does the agency pay for transportation to the interview with with pay for transportation to the interview Does the agency Does the agency send someone to go with you to the interview send someone to go with you Does the agency Does the employment agency do any background check on employers check on employers agency do any background Does the employment Does the agency provide you with a written job description, showing showing you with a written job description, provide Does the agency Is there a contract that the agency wants you to sign? Is there a contract that the agency Does the employment agency have a list of comments by past Does the employment agency have The agency will have a service agreement with the employer. agreement with the employer. The agency will have a service Does the employer pay you directly, or does the agency pay you? or Does the employer pay you directly, remain with an employer before the How long does a worker have to Will the agency help such workers find a new placement? the agency Will Does the employment agency have a complaint system for workers a complaint system for workers Does the employment agency have Does the employment agency inform employers about their obligation employers about their obligation Does the employment agency inform n n n n n iMPOrtant QuestiOns aBOut agencies: be on the lookout for: be on the lookout u time to read the contract. give you adequate or don’t u and then paying them to you. u u u to an interview. n n n n n n n the employer? with the employer? make sure that the household is safe? or take any steps to wages, hours of work, the kinds name and address of the employer, the they will perform, and the fees the agency will charge? of services does signing it mean? What giving the reasons they left the employer? employees to see it. Ask gets its full commission? agency or not employers are abusive (e.g. by not paying overtime whose a worker a day of rest)? allowing workers’ compensation, and unemployment into Social Security, to pay insurance?

Protecting Yourself as a Domestic Worker

47 for a model contract. for a model contract. Appendix F Daily work schedule you can take Holidays and vacation time (including any restrictions on when Personal days and sick days Health benefits the Length of employment or how much notice must be given to terminate Hours and base wage D. WHAt A Worker AWHAt D. sHoUlD get inWriting c. negotiAting PAYment n n n n n n It is important to put the terms and conditions of your employment in writing to It is important to put the terms and Both have understood each other correctly. ensure that you and your employer if you are enforceable in court. For example, spoken and written agreements employer to be paid a certain hourly rate make an oral agreement with your what she or and the employer later refuses to pay the minimum wage, above bring a claim for a breach of oral agreement. he promised, you may be able to will be even stron- a contract signed by both you and your employer However, ger evidence if you have go to court. should include the following: or agreement, The contract, It is helpful for workers to compare the salary they are offered with the salaries are offered with the salaries to compare the salary they It is helpful for workers groups may provide who do the same work. Advocacy of other employees At the least, workers schedules for workers to reference. standard wage rate to find out the standard rates groups and other workers should talk to advocacy in their area. in cash makes it are commonly paid in cash. Payment Domestic workers workers’ insurance, to avoid paying for unemployment easier for the employer means that it will be harder for the which compensation, and Social Security, With paychecks, if they need them. their eligibility for benefits worker to prove which could be useful in the event of a pay, the employer creates a record of wage dispute. paid time off) contract. make should take the time they need to read through the contract and Workers sure they understand the contract terms before signing. See 48 for a sample confirmation letter. for a sample confirmation letter. Appendix G In presenting the model contract to your employer, here are some are here employer, to your contract the model In presenting can say: things you throughout New are using this agreement employers and their “Domestic workers be helpful for us to use it or Connecticut). I thought it would New Jersey City (or York as well.” kind of work might look like. of what an agreement for this “This is an example it, and then we can read through our own. Just to it or draft changes can make We are not comfortable with.” parts you discuss any your employer to give you a signed If you cannot get a contract, ask information. This can also be enforced in confirmation letter with the same court. See write down everything that you and letter, If you cannot get a confirmation it, and keep it in a safe place. your employer have agreed to, date

Rights begin at hoMe Protecting Yourself as a Domestic Worker 49 aPPenDiCes ian/ 860-570-5165. Languages spoken: Spanish 50 203-582-3238. Languages spoken: Spanish/ Other languages as arranged. 201-792-6363. Languages spoken: Spanish/Tagalog/Korean. 1-888-576-5529 or 732-575-9100. Languages spoken: Spanish/French/Creole/19 other other Spanish/French/Creole/19 spoken: 1-888-576-5529 or 732-575-9100. Languages 212-636-7353. Languages spoken: Spanish 1-800-496-4570 OR 856-691-0494. Languages spoken: Spanish 718-460-5560 and 718-460-5600. Languages spoken: Korean. 718-460-5560 and 718-460-5600. Languages 718-237-5528. Languages spoken: Spanish/140 other languages. 718-237-5528. Languages spoken: Spanish/140 718-657-8611 and 347-592-2178. Languages spoken: Chinese/Creole/Hindi/Korean/ Russ Chinese/Creole/Hindi/Korean/ spoken: Languages 718-657-8611 and 347-592-2178. 212-426-3013. Languages spoken: Spanish/Chinese 718-636-1155. Languages spoken: Spanish/Haitian/Chinese northeast new Jersey legal services:northeast legal Jersey new south Jersey legal services:south legal Jersey University of connecticut school of law tax clinic: clinic: tax school of connecticut of law University Quinnipiac University school of law litc: school litc: Quinnipiac University of law taxpayers legal Assistance Program: Program: Assistance legal taxpayers BRIDGETON: HARTFORD: JAMAICA: BRONX: FLUSHING: EDISON: JERSEY CITY: HAMDEN: NJ TAX COURTTAX NJ FORMS: http://www.judiciary.state.nj.us/taxcourt/index.htm MANHATTAN: BROOKLYN: connecticut Department of revenue services Departmentconnecticut of revenue 2 Ste 25 Sigourney Street CTHartford, 06106-5032 860-297-5962 • http://www.ct.gov/drs/cwp/view.asp?a=1462&q=271504 Phone: & services, inc. Aid Accounting community individuals. income low and conducts tax clinics for with tax preparation assistance Provides 965 East Main Street Meriden, CT 06450 203-235-2333 x7146 • E-mail: [email protected] Phone: Queens legal servicesQueens legal corporation: 718-928-3700 Languages spoken: English minkwon center for community Action: community for center minkwon Spanish/Urdu NEW JERSEY (litcs) clinics taxpayer nJ low-income languages. CONNECTICUT (litcs) clinics taxpayer ct low-income tax legal Assistance Project (tlAP) Project Assistance legal tax 1-888-576-5529. Call taxpayers. low-income to in tax matters and legal representation advice Provides new York legal Aid society Aid litc: legal York new Fordham law school tax litigation clinic: clinic: litigation tax school law Fordham Bedford-stuyvesant litc: litc: Bedford-stuyvesant NEW YORK NEW (litcs) clinics taxpayer low-income nY TRI-STATE TAX RESOURCES TAX TRI-STATE (VitA) Assistor tax income Volunteer country. the across available are programs VITA your taxes. file you tax specialists can help If volunteer make under $40,000, you call 1-800-906-9887 (English/Spanish). you, clinic near VITA find a To (litc) clinic taxpayer low-income Department with the IRS or the State a dispute the country of across who have taxpayers low-income to legal advice free Provides and Finance. Taxation in multiple languages. can assist you LITCs Depending many on the location, City. York New in in each of the 5 boroughs has sites LITC Clinics.” Taxpayer “Low-Income and choose http://www.irs.gov/advocate to go your city or state, in find an LITC To ServiceOr call IRS Customer (English/Spanish). 1-800-829-1040 at clinic: taxpayer income Brooklyn low aPPenDiX a: aPPenDiX resources tax income

Rights begin at hoMe Protecting Yourself as a Domestic Worker 51 neW York stAte DePArtment oF lABor, DiVision oF lABor stAnDArDs lABor oF DiVision lABor, oF DePArtment stAte York neW US DEPT. OF LABOR, & WAGE HOUR DIVISION Us DePArtment oF lABor, WAge AnD HoUr DiVision This state agency enforces state minimum wage and overtime laws. wage minimum state agency state This enforces city District office York new Street Varick 75 10013 NY York, New 212-775-3880 Phone: to: be submitted can Claims for unpaid wages DOL NYS Division of Labor Standards Bldg 12, Room 185B Campus, State 12240 NY Albany, 518-457-9796 Phone: 1-866-4-USWAGE (1-866-487-9243) (English and Spanish) 1-866-4-USWAGE office Brooklyn Area 7th Floor Street, 625 Fulton 11201 Brooklyn, NY 718-254-9410 Phone: District island long office 1400 Old Country Road 410 Suite 11590-5119 NY Westbury, 516-338-1890 Phone: office Area Valley Hudson Street 140 Grand 304 Suite 10601 NY Plains, White 914-682-6348 Phone: have any concerns, you can ask if there are locations other than 26 Federal Plaza where you could meet with a representative meet with a representative could you where Plaza than 26 Federal other locations are can ask if there you concerns, any have and Hour Division. Wage of the This agency enforces federal minimum wage and overtime laws. wage minimum federal agencyThis enforces 3700 Suite Plaza, 26 Federal 10278 NY York, New 212-264-8185 Phone: If you Enforcement. and Customs Immigration including Plaza, 26 Federal at located agencies are A number of government Federal and state government offices government state and Federal is not listed. that need help in a language if you a translator and can ask for agencies, government access a right to have You get to kind show and ask what will need to of ID you go, you before an appointment should call and ask for you In general, the building. into pro- before community organization a trusted Seek from assistance status. immigration your should not be asked about You status. immigration your about information viding any oFFices goVernment stAte AnD FeDerAl York neW Wage/Hour aPPenDiX B: B: aPPenDiX AU S: 52 a worker is claiming benefits, she must request payment using the web or telephone system. telephone system. web or using the request payment she must is claiming benefits, a worker Or call 877-632-4996 (English, Spanish and translation services for all other languages) for help services all other languages) for translation Or call 877-632-4996 (English, Spanish and for Or fill out a paper copy of the form by visiting any Customer or DistrictCustomer ServiceCenter by visiting any formOffice. of the copy Or fill out a paper Complete the form online by going to: www.wcb.state.ny.us, click on “Workers,” and then “Workers,” click on www.wcb.state.ny.us, going to: online by the form Complete n n n each week Visit the Department of Labor’s website at www.labor.ny.gov, click on www.labor.ny.gov, at website the DepartmentVisit of Labor’s Or call: (888) 209-8124 to request benefits over the phone. over benefits request Or call: (888) 209-8124 to neW York stAte neWAttorneYYork stAte generAl’s oFFice, lABor BUre ADVOCATE FOR INJUREDWORKERS: TO FILETHE EMPLOYEE CLAIM (C-3) FORM: NYC WORKERS’NYC COMPENSATION BOARD NYC DISTRICT OFFICE

This office enforces New York State’s labor laws, including the right to minimum wage, the right to receive payment of wages and wages of payment receive to the right wage, to minimum including the right labor laws, York State’s New enforces office This compensation and disability benefits. workers to the right and fringe benefits, 26th Floor 120 Broadway, 10271 York New York, New Spanish) 212-416-8700 (English and Phone: “Unemployment Assistance,” and then click on “Claim Weekly Benefits.” Benefits.” Weekly “Claim on and then click Assistance,” “Unemployment you. to it mailed to have the phone or over form filling out the Brooklyn District island) Brooklyn, (serves office staten 2nd Floor Street, 111 Livingston 11248 Brooklyn, NY Districtmanhattan Bronx) (serves office manhattan, 125th Street W. 215 10027 NY York, New Queens District (serves office Queens) 168-46 91st Avenue 11432 Jamaica, NY the instructions. and follow a Claim” “File click on n compensation: Workers’ with job-related or illnesses. injuries workers for care benefits and/or medical cash system. compensation workers’ the state and sick individuals navigate helps injured Workers, Injured for Advocate The and FAX 518- 486-7510) (518-474-8182, Albany in and offices number (800-580-6665) has a toll-free Advocate The Brooklyn (718-802-6664). n claims insurance Unemployment Telephone in English and Spanish). Or call the (available https://ui.labor.state.ny.us/UBC/index.jsp visit file a claim online, To services or translation Mandarin, Creole, 888-209-8124 (English, Spanish, Russian, Cantonese, at: Claims Center benefits. unemployment recover to must be work-authorized You all other languages). for For in Spanish. available are Both systems benefits: claim weekly to n n call 877-632-4996 or the district you, locate near office To http://www.nycosh.org/workers_comp/compensation.html go to

Rights begin at hoMe Protecting Yourself as a Domestic Worker r comPliAnce EW JERSEY SHOULD BE MAILEDTO: 53 neW JerseY lABorWorkForce AnD AnD DiVision HoU DeVeloPment, WAge oF Us DePArtment oF lABor, WAge AnD HoUr DiVision INITIAL APPLICATIONS FORWORKERS’ COMPENSATION IN N This office enforces New Jersey’s labor laws, including the right to minimum wage and overtime, to and the right wage and to minimum including the right labor laws, New Jersey’s enforces office This and fringe benefits. payment of wages receive Plaza 1 John Fitch New Jersey 08625-0110 Trenton, 292-2305 or (609) 292-2337 (609) Phone: and hour claims: wage mailing or faxing For and Hour Compliance Wage Division of 389 Box P.O. NJ 08625-0389 Trenton, (609) 695-1174 Fax: in Spanish. form in English or MW-31S in New Jersey should file a MW-31A Jersey or works in New who lives A worker http://lwd.dol.state.nj.us/labor/wagehour/complnt/complaint_forms.html at: available are forms These NJ District Office NJ DistrictLocations: Office northern District Jersey new office Room 102 Street, 200 Sheffield 07092 New Jersey Mountainside, (908) 317-8611 Phone: District Jersey southern new office 5, Room 216 Bldg. Pike, 3131 Princeton New Jersey 08648 Lawrenceville, 538-8310 (609) Phone: state of new Jersey of new state Compensation Workers’ Division of Development Workforce Department of Labor and 381 Box P.O. NJ 08625-0381 Trenton, (609) 292-2515 Phone: county District serves essex newark office: 2nd floor 124 Halsey Street, Newark, New Jersey 07101-0226 (973) 648-2663 Phone: please visit: district Compensation offices, Worker’s a list of all For http://www.wcb.state.ny.us/content/main/DistrictOffices/MainPage.jsp neW JerseY FeDerAl AnD stAte goVernment oFFices goVernment stAte AnD FeDerAl JerseY neW Wage/Hour: n compensation: Workers’ with job-related injuries or illnesses. workers for care benefits and/or medical cash ision 54

You can apply online at http://njsuccess.dol.state.nj.us/html/uimain.html can apply online at You Or you can apply by phone through a call center. In order to find out which center serves your area, call (609) 292-7162. servesyour area, center out which find Into order a call center. phone through can apply by Or you connecticUt goVernment FeDerAl oFFices AnD stAte connecticUtWorkPlAce AnD DePArtment DiV stAnDArDs oFWAge lABor, Us DePArtment oF lABor, WAge AnD HoUr DiVision This office enforces Connecticut’s labor laws, including the right to minimum wage and overtime, and the right to receive overtime, receive to and the right wage and to minimum including the right labor laws, Connecticut’s enforces office This and fringe benefits. payment of wages Connecticutto: in wage claim go about filing a additional information For http://www.ctdol.state.ct.us/wgwkstnd/forms/wca1intr.htm DistrictHartford connecticut office Room 210 135 High Street, Connecticut 06103-1111 Hartford, 860-240-4160 Phone: office Area connecticut Haven new Room150 Court 423 Street, Connecticut 06510 New Haven, 203-773-2249 Phone: CT District Locations: Office DistrictHartford connecticut office Room 210 135 High Street, Connecticut 06103-1111 Hartford, 860-263-6000 Phone: office Area connecticut Haven new Room150 Court 423 Street, Connecticut 06510 New Haven, 203-773-2249 Phone: cash benefits and/or medical care for workers with job-related injuries or illnesses. workers for care benefits and/or medical cash http://wcc.state.ct.us/wcc/dist-ct.htm to: call 1.800.223.9675 or go to visit, find out which office To Workers who live in Bergen, Essex, Hudson, Middlesex, Passaic or Union Counties but commute to work in New York and York in New work to but commute or Union Counties Hudson, Middlesex, Essex, in Bergen, Passaic live who Workers at York of New State telephone with the by claim must file an unemployment York in New looking new work are for 1-888-209-8124. Unemployment insurance claims insurance Unemployment or visit http://www.ctdol.state.ct.us/ visit: https://iic.ctdol.state.ct.us/welcome.aspx Insurance, Unemployment apply for To your area. in center find the call to progsupt/unemplt/tele-benphone.htm at: Connecticut available benefits in is on claiming unemployment information Additional http://www.ctdol.state.ct.us/progsupt/unemplt/claimant-guide/uc-288.pdf Wage/Hour: Unemployment insurance claims insurance Unemployment benefits: unemployment apply for to ways two are there n n Workers’ compensation: Workers’

Rights begin at hoMe Protecting Yourself as a Domestic Worker 55 (English and Spanish)

neW York legAl serVices oFFices legAl serVices York neW www.lawhelp.org/nY legal services & law Firms Firms law & services legal Volunteers of legal service of legal (Vols) Volunteers Project Advocacy insurance Unemployment lost their jobs and legal services free individuals who have to provides Project Advocacy Insurance VOLS Unemployment The benefits. insurance unemployment been denied have subsequently 347-521-5720 Phone: Email: [email protected] www.volsprobono.org site: Web Project Justice Workplace servicesmFY legal discrimination, employment violations, health and safety claims, on unpaid wage representation and legal advice Provides and overtimeand minimum wage violations. 2:00 pm - 5:00 pm. Tuesday, & 212-417-3838 on Monday Call Project society: law Aid legal employment 212-577-3300 (English, Spanish) Call about legal services information and locations. for city York services new legal for you. nearest find the office or to legal advice 212-431-7200 for Call group Assistance legal York new call 212-613-5000, ext. 3. the legal hotline, reach To inc. York, of new center rights law Workers’ 5 Suite 101 Hurley Ave., 12401 York Kingston, New about legal services. information 845-331-6615 for Call (AAlDeF) Fund and education Defense legal American Asian 12th Floor 99 Hudson Street, 10013 NY York, New 212-966-5932 Phone: Languages: Mandarin, Cantonese neW oFFices JerseY legAl serVices services Jersey legal of new (1-888-576-5529) 1-888-LSNJ-LAW Hotline at Legal 402 Suite Drive, 100 Metroplex 1357 Box P.O. NJ 08818-1357 Edison, www.lsnjlaw.org. Go to legal issues. many for with helpful resources LSNJ also has a website aPPenDiX C aPPenDiX Provides helpful know-your-rights guides to workplace issues including unemployment insurance, overtime, and wage and and wage overtime, insurance, workplace issues including unemployment guides to helpful know-your-rights Provides for legal services you. and locations near contact can also find information You hour. 56 CONNECTICUT OFFICE: 191 Post Road West Road 191 Post CTWestport, 06880 (203) 363-7888 Telephone: 203-363-0333 Fax:

Outten and GoldenOutten LLP 29th Floor Avenue 3 Park 10016 York New York, New (212) 245-1000 Telephone: 212-977-400 Fax: connecticUt legAl serVices oFFices legAl serVices connecticUt services legal connecticut 1-800-453-3320 860-344-0380 4:00 pm 9:00 am and and between Wednesdays, on Mondays, Between 9:00 a.m. and 3:00 p.m. and Fridays. Thursdays, Tuesdays, on http://www.connlegalservices.org/ inc. Aid, Hartford legal greater Floor 3rd Ave., 999 Asylum CTHartford, 06105-2465 860-541-5000 Phone: 860-541-5050 Fax: Email: [email protected] http://www.ghla.org/ Languages: English and Spanish inc. Association, Assistance legal Haven new Street 426 State Connecticut 06510-2018 New Haven, 203-946-4811 Phone: 203-498-9271 Fax: Email: [email protected] Languages: English and Spanish school law Yale rights of clinic & immigrant Worker services legal organization n. Frank Jerome 209090 Box P.O. CTNew Haven, 06520-9090 203-432-4800 Phone: 203-432-1426 Fax: Languages: English, Spanish, and French Aid legal for network connecticut and resources: and has helpful tools legal aid programs project of all Connecticut’s is a joint website This http://www.ctnla.org. legal serviceswork with a non-profit organization to is representation or Often find legal advice to the best way will take a case on a attorneys some firms and private their services. However, for because they do not charge is successful. only if the lawsuit a fee they will charge which means that contingency basis, to way is the best above listed organizations contacting some of the non-profit you, seeking represent If are to a lawyer you contactlawyer affiliated to a want may you your case, to take organization you cannot find an But if is free. find legal aid that cases. in employment workers who represent a network of lawyers Association, Lawyers Employment with the National http://www.nela.org. website: on the NELA a search you through can find a NELA member near You connecticut. York city and new in firm with offices law and golden, option is outten Another an employment

Rights begin at hoMe Protecting Yourself as a Domestic Worker English,Tagalog English, Spanish Bengali, Hindi, Urdu, Punjabi Bengali, Hindi, Urdu, Spanish http://elcentronyc.org/ http://haitianwomen.wordpress.com/ [email protected] [email protected] [email protected] [email protected] DAmAYAn DAmAYAn Association Workers migrant Baptist Church c/o Metro 2nd Fl Street, 40th W. 406 10018 NY York, New 212-564-6057 Phone: Email: Languages: n del inmigrante el centro Ave 1546 Castleton 10302 NY Island, Staten 718-420-6466 Phone: Email: Website: Languages: n Haitian refugees for Women Haitian 319 Maple Street 11225 Brooklyn, NY 718-735-4660 Phone: Email: Website: n AWAAZ Workers 4026 82nd Street 11373 NY Elmhurst, 718-565-0801 Phone: Email: Languages: n Unity Project/ Housecleaners Workplace 207 Suite 91 North Street, Franklin 11550 NY Hempstead, 516-656-5377 Phone: Languages: 57 Portuguese, English Portuguese, Bengali, Hindi, Urdu Hindi, Bengali, Cantonese Mandarin, Fujianese, Vietnamese, Khmer, Nepali, English Spanish, French www.cidadaoglobal.org http://www.adhikaar.org/ www.domesticworkersunited.org [email protected] [email protected] [email protected] [email protected] [email protected] ASTORIA Languages: Languages: n cAAAV Avenue Valentine 2473 10458 NY Bronx, 718-220-7391 ext.Phone: 12 Email: Languages: n global cidadao 5th Fl 394 Broadway, 10013 NY York, New 33-11 36th Avenue 11106 NY Astoria, 718-619-8529 Phone: Email: Website: Languages: n Andolan: Workers south organizing Asian 720364 Box P.O. 11372 NY Jackson Heights, 718-426-2774 Phone: Email: Website: Languages: n Adhikaar 1st Fl Avenue Woodside 71-07 11377 NY Woodside, 718-937-1117 Phone: Email: Website: Domestic Workers goups & Worker centers Worker & goups Workers Domestic YORK NEW United Workers Domestic 907- 908 Suite 1201 Broadway 10001 NY York, New 718-220-7391 ext.Phone: 11 or 23 Email: aPPenDiX D: D: aPPenDiX 58 Spanish Spanish [email protected] Connecticosh@snetnet [email protected] [email protected] [email protected] [email protected] NEW JERSEY Freehold casa 732-492-4766 Phone: Email: n Agricolas trabajadores a los de Apoyo el comite cAtA: supportcommittee) (the Farmworker 510 Box P.O. NJ 08028 Glassboro, 856-881-2027 Phone: Email: [email protected] n labor new 2nd Fl Street, 103 Bayard New Brunswick, NJ 08901 732-246-2900 Phone: Email: Languages: n Project laborer Day laborUnited county Agency of Bergen 106 Ste. 205 Robin Road, NJ 07652 Paramus, 201-967-5953 Phone: Email: n center resource of the spirit immigrant Wind 19 Market Street Morristown, NJ 07960 973-538-2035 Phone: Email: CONNECTICUT connecticosH 683 North Mountain Road CTNewington, 06111 (2674) 860-953-COSH Phone: Email: n rights committee immigrant HArt’s Street Washington 423 CTHartford, 06106 860-525-3449 Phone: Email: n Action, inc. Progressive for JUntA Avenue 169 Grand CTNew Haven, 06513 203-787-0191 Phone: 203-787-4934 Fax: Languages:

Rights begin at hoMe Protecting Yourself as a Domestic Worker 59 lists service providers in several states. states. lists service in several providers tHe FreeDom netWork (UsA) tHe neWYork citY resoUrce DirectorY tHe nAtionAl HUmAntrAFFicking resoUrce center See http://www.nyc.gov/html/endht/html/home/home.shtml See http://www.nyc.gov/html/endht/html/home/home.shtml and information general for service for a listing of http://www.nyc.gov/html/misc/downloads/2009_human_trafficking_resource_directory_8_10_09.pdf providers. http://www.freedomnetworkusa.org/members/index.php 24 Hour Toll-Free Hotline: 1-888-373-7888 Toll-Free 24 Hour http://nhtrc.polarisproject.org/ Website: Network a network is of service and providers Anti-Trafficking York New The persons. trafficked for resources ending human trafficking coordinating to and dedicated York in New advocates at: of member groups, the websites and links to information more for See the website and http://nyatn.wordpress.com/nyatn-links/ http://nyatn.wordpress.com/ resources for Victims of trafficking of Victims for resources aPPenDiX e e aPPenDiX 60 entail the following: entail not (live-in hours. work) 44 (live-out or work) 40 Employer shall pay a penalty of ______% for every day that the employee’s wages are paid late. paid late. are wages every the employee’s a penalty that shall pay of ______% for day Employer of wages. of the payment record a signed shall have and employee Both employer The cleaning agents. illness or toxic to particularly exposure are constant Domestic workers illness due to to vulnerable and Long New Jersey, County, Westchester City such as or in suburban areas York on the outskirts who lives Employer of New Employer shall provide a letter of reference at the end of the first year and at the end of each subsequent year of employment. at the end of each subsequent year and the first the end of at of reference a letter shall provide Employer The employee shall work at employer’s residence at ______. at residence employer’s at shall work employee The Employee shall receive her/his weekly wages every ______(day of the week) at ______am/pm. at her/his weekly every wages of the week) ______(day shall receive Employee The employee shall be employed beginning on ______(date). on ______(date). beginning shall be employed employee The is live-in employee / live-outThe one). (circle ______for: be cared to number of children State Responsibilities: Work The employee shall not be required to work for any person other than the employer. any for work to shall not be required employee The is $______per hour. of pay normal rate The $ ______per week, not including overtime. employee shall pay Employer shall be week work The DOMESTICWORKERS UNITED one and a half times the normal shall be compensated employee labor laws, and federal with state • In accordance 40 (live-out every beyond for hour worked of pay or 44 (live-in work) rate hours. work) of $ ______per day. live-out an additional rate for at shall be compensated • Sleepovers worker 9. ______hours per week. than more work to cannot be required • Employee 10. 11. 12. 13. annual of regular the cost cover to agrees employer Alternatively, the employee. for medical insurance shall provide employer is ill or injured. when the employee of emergency as the cost medical treatment as well exams, checkups and OB/GYN 14. work. of transportation the cost and from to Island shall cover in the evening. past eight works of a taxi ride home when employee the cost shall cover • Employer Standard Employment Contract for Domestic Workers in New York for Domestic Workers Contract Employment Standard time domestic workers. full is for contract This and ______(the employer) made between was contract This of employment: terms and has the following on ______(date) (the employee) ______1. 2. 3. 4. ______activities, etc.) gender, (age, Descriptionchildren of ______5. the following: Job entails Job does sample standard emloyment contract emloyment standard sample aPPenDiX F F aPPenDiX ______6. ______7. Overtime is $______per hour. of pay rate 8.

Rights begin at hoMe Protecting Yourself as a Domestic Worker 61 nable access to employer’s phones. phones. employer’s to access nable Christmas Day Labor Day Independence Day Thanksgiving e. e. f. g. h. Memorial Day Martin Luther King Jr.’s Birthday Martin King Jr.’s Luther New Year’s Day Year’s New President’s Day President’s a. b. c. d. d. Employer and employee agree to the following food arrangement: food the following to agree and employee Employer Employee shall receive, with pay, the following eight nationally observed nationally eight holidays: the following with pay, shall receive, Employee Employee shall receive ______paid sick days. ______paid sick days. shall receive Employee shall not Employment be paid. shall of which ______weeks of maternity leave, one month shall receive Employee including meal breaks. the day, throughout periodic breaks to is entitled Employee necessary phones for day. local calls during the work employer’s to access shall have Employee Lodging (for live-in domestic workers only): Employer shall provide private, suitable and furnished accommodation suitable and furnished accommodation private, shall provide live-in only): Employer (for domestic workers Lodging should workplace be under electronic Surveillance surveillance. shall not extend notify employee to agrees Employer conflicts contract. arising under this any resolve shall make good faith effortsto discuss and and employee Employer Upon completion of six months of employment, employee shall receive ______weeks of paid vacation annually. annually. of paid vacation ______weeks shall receive employee of employment, of six months Upon completion 16. ______of her/his affiliation: holiday an additional religious/cultural also receive shall • Employee Year) New Lunar Good Friday, (e.g. 17. one-and-a-half s/he will be compensated of these holidays, on any work to agrees that the employee times In the event for each hour worked. the normal rate not taken. were if those days days number of sick the above shall be paid for the employee the end of the year, • At ______paid personal days. to is entitled In addition, employee 18. after of maternity leave. the month employment can resume if employee under this provision be terminated not taken. were if those days days number of personal the above shall be paid for the employee the end of the year, • At 19. 20. ______sleeping or otherwise is/are the child(ren) when safe. take these breaks may worker • Child care ______21. reaso and private, free, have shall worker • Live-in 22. use of the to full access shall have Employee and light. ventilation, heat, with adequate of charge, free the employee for kitchen and a bathroom. 23. bathrooms. to 24. shall not be subject surveillance. room(s) to private • Live-in worker’s 15. to employee cannot require employer The the employee. by determined shall be the vacation timing of The • of the employer. with that coincide to her/his vacation take the above shall be paid for the employee her/his vacation, takes the employee before • If is terminated the contract the time of termination. at of weeks number ovide one week salary as severance pay. pay. severance as salary week one ovide 62 ery year of work. of year ery f notice to terminate the contract. contract. the terminate to notice f If the employer would like the employee to travel with them, this must be mutually agreed upon and shall be agreed with them, this must be mutually travel to like the employee would If the employer Either party may terminate the contract by giving three weeks’ notice. notice. weeks’ three Either party giving by contract the terminate may Employee is entitled to a raise of at least ______% every least ______of at a raise year. to is entitled Employee child, for each additional reason, For this change in the job description. the family reflects a significant addition to Any or age. status immigration gender, of race, regardless labor laws, by protected are workers understands that Employer 25. o lieu in pay weeks’ three give may employer The • pr must employer the 26. employment, of year one • After 27. in salary with a raise employee of $ ______per week. shall compensate employer 28. and other incidental travel for paying in addition to of $ ______per day, an additional rate at compensated the trip. for accommodations their own shall be provided Employee the trip. to related expenses 29. ______Date the Employer by Signed Name of Employer of In the Presence the Employee by Signed Name of Employee Witness of Name Witness of Signature ev for paid be shall severance week additional One

Rights begin at hoMe Protecting Yourself as a Domestic Worker e children. e 63 aration and clean up as well as picking up after th after up picking as well as up clean and aration EMPLOYEE NAME: EMPLOYEE EMPLOYER NAME EMPLOYER This letter confirms your employment with us as a full-time nanny for two children, ages 3 and 6, commencing on commencing ages 3 and 6, children, for two us as a full-time nanny with employment your confirms letter This January of one year. a term for 15, 2001 will hourly rate The 5:00 with a 1 hour lunch break. 8:00 to from Friday through will be Monday week work The every and a half for time will pay We receipt. a signed you will give and we will be paid every Friday, You be $17/hr. live-in choose whether to out. may or live You additional hour worked. light and lunch, and breakfast them feeding taking children, to of the two limited care are responsibilities Your prep meal includes housekeeping Light housekeeping. sample confirmation letter confirmation sample DATE Dear aPPenDiX g g aPPenDiX You will receive two weeks of paid vacation per year to be taken whenever you choose as long as appropriate choose as long as appropriate you whenever be taken to per year of paid vacation weeks two receive will You Memorial Day, Day, Presidents Day, Martin King Jr., Luther Day, Year’s include New holidays Paid is provided. notice will we on a holiday, work If choose to you and Christmas Day. Labor Day, Day, Thanksgiving Independence Day, time and a half ($25.50). you pay will we us, accompany If you us. accompany whether or not you be paid when the family is on vacation will You expenses. and incidental travel all of your pay premiums health insurance 50% of your will pay We per year. and 3 personal days 5 sick days to entitled are You insurance. compensation workers’ will also secure We $200 per month. up to no longer need your if we pay severance weeks or three notice weeks least three at you give to agree We the position. leaving before notice weeks us three likewise give you that request We services. Sincerely, . . or per . The The . . . , for which she she which for , for work performed. performed. work for DATES OF VIOLATION OF DATES EMPLOYEE’S ADDRESS EMPLOYEE’S DATES OF VIOLATION OF DATES DATES OF VIOLATION OF DATES HOURLY RATE PROMISED RATE HOURLY DATES OF VIOLATION OF DATES ALLEGED REASON FOR DEDUCTION FOR REASON ALLEGED 29 USC § 207; NY Labor Law § 170. 29 USC § 207; NY Labor Law AMOUNT OWED AMOUNT NUMBER OF HOURS OF NUMBER ’s wages for for wages ’s , she worked worked she , she is owed $ $ owed is she , See N.Y. Labor Law § 191.3. Labor Law See N.Y. . The check can be sent to to check can be sent The . in unpaid wages for the period for in unpaid wages

See 29 USC § 203 et seq.; NY Labor Law § 650 et seq. See 29 USC § 203 et seq.; NY Labor Law / hour during the period of in unpaid wages for the period for in unpaid wages NAME OF EMPLOYEE OF NAME 64 was to compensate her at a rate of $ a rate her at compensate to was NAME OF EMPLOYEE OF NAME NAME OF EMPLOYEE OF NAME AMOUNT OWED AMOUNT from from NAME OF EMPLOYEE NAME ith ith HOURLY RATE HOURLY in unpaid wages for work performed work for between in unpaid wages

with regard to wages owed to her. her. to owed wages to with regard AMOUNT OWED AMOUNT rding to to rding

with her wages as soon as possible. New York’s Wage Payment Act prohibits Act prohibits Payment Wage York’s New as soon as possible. with her wages

NAME OF EMPLOYEE NAME AMOUNT OWED AMOUNT NAME OF EMPLOYEE NAME NAME OF EMPLOYEE NAME AMOUNT OF ILLEGAL DEDUCTION ILLEGAL OF AMOUNT See N.Y. Labor Law § 191.1(a). Labor Law See N.Y.

is currently owed $ owed is currently has the right to bring a formal complaint to the New York State Department State of Labor or a civil action in York the New to complaint bring a formal to has the right was never paid overtime for her work. The Fair Labor Standards Act (FLSA) and New York State law provide provide law State York and New Act (FLSA) Labor Standards Fair The her work. paid overtime for never was was never paid in full for her work. The Fair Labor Standards Act (FLSA) and New York State law provide provide law State York and New Act (FLSA) Labor Standards Fair The her work. paid in full for never was NAME OF EMPLOYER, NAME was not received payment. Based on your agreement w agreement your on Based payment. received not was to in this amount should send a check immediately You sample Demand letter in new York new in letter Demand sample BREACH OF EMPLOYMENT CONTRACT/ AGREEMENT CONTRACT/ OF EMPLOYMENT BREACH court. Such complaints may subject you to investigation and administrative hearings, penalties, and attorneys’ fees. and attorneys’ penalties, hearings, and administrative investigation subject to court. may you Such complaints DEDUCTIONS FROM PAY deductions her pay. made improper to you our client, to According and food for pay deduct a worker’s may from of money employers limits the amount Act (FLSA) Labor Standards Fair The make deductions. may in which an employer limits on the circumstances place law State York FLSA and New The lodging. $ deducted improperly You that domestic workers have the right to receive overtime compensation at the rate of one-and-a-half the rate rate at overtime regular times their compensation receive the right to have domestic workers that live-in after a week]. 44 hours in domestic workers: 40 in a week. [For over hours worked for that domestic workers have the right to receive the minimum wage. the minimum wage. receive the right to have domestic workers that According to our calculations, you therefore owe $ owe therefore you our calculations, to According CARE OF WORKER’S RIGHTS ORGANIZATION AND ADDRESS. ORGANIZATION WORKER’S RIGHTS CARE OF the wages not receive do if we However, as possible. as expeditiously this matter of resolving in the interest this letter I write turn this matter to will be forced we this letter, receive you the date from (7) days within seven employees the above to owed agency. or federal state with the appropriate in this matter. cooperation prompt your for you Thank further any questions. have contact me if you to do not hesitate Please Sincerely, NAME OF EMPLOYEE NAME NAME OF EMPLOYEE NAME NAME OF EMPLOYEE NAME in which after the week (7) calendar days than seven due no later all wages and requires withholding of wages the unlawful earned. are the wages NAME OF EMPLOYEE NAME DATE Dear on behalf of you I am writing to aPPenDiX h aPPenDiX 29 U.S.C. § 216(b). 29 U.S.C. should provide you Therefore, OVERTIME According to our calculation to date, you therefore owe $ owe therefore you date, to our calculation to According When employment is terminated, the employer is obligated to pay wages no later than the regular pay day for the pay period the pay for day pay than the regular later no wages pay to is obligated the employer is terminated, employment When the employee. by mail if requested and by occurred, in which termination WAGES DUE WAGES of a rate at her employed you our client, to According contractual agreement between you and you between agreement contractual hour for her services as a domestic employee. Acco employee. domestic a as services her for hour If you are found in violation of these laws, you may be liable for the amount of unpaid wages plus liquidated damages. damages. plus liquidated of unpaid wages the amount be liable for may you of these laws, in violation found If are you unpaid wages. of amount the be equal to damages may § 663.1. Under FLSA, liquidated Labor Law N.Y. § 216(b); 29 U.S.C.

Rights begin at hoMe

Protecting Yourself as a Domestic Worker

MAKE COPIES OF ALL FORMS ALL OF COPIES MAKE

friends and co-workers. and friends

• share this sample form with with form sample this share •

you get from your employer. your from get you

• Keep any payroll stubs or receipts receipts or stubs payroll any Keep •

DATE TIME IN TIME OUT PAY RATE ACTUAL PAYMENT ACTUAL RATE PAY OUT TIME IN TIME DATE

RECORD KEEPING STRATEGIES KEEPING RECORD

Fecha Hora de Entrada Hora de Salida Tarifa de pago pago de Tarifa Salida de Hora Entrada de Hora Fecha Pago Real Pago

Employee Name Employee

Job Description Job Phone # Phone

drs Ct tt Zip State City Address

Employer Name Employer SAMPLE WORK RECORDS WORK SAMPLE sample Work records Work sample aPPenDiX i aPPenDiX if applicable, whether if applicable, 4) whether they are or were or were whether they are 3)

whether there is a labor dispute in progress at the worksite; the worksite; at in progress is a labor dispute whether there 2)

their names; 1)

they are or were employed in a supervisory or managerial capacity or related to anyone who is. Information should be in a supervisory Information who is. employed or were anyone to they are or managerial capacity or related know the subjects they came to that as the source how work, lacked legal authorization to as well obtained concerning status. the alien’s concerning information of their and reliability employed at the worksite in question (or by a union representing workers at the worksite); and the worksite); at workers a union representing in question (or by the worksite at employed It is also appropriate to inquire whether the persons who provide the information had or have a dispute with the a dispute had or have the information whether the persons who provide inquire to It is also appropriate about the aliens should the information the person providing Likewise, of the subjects of the information. employer about hours or working conditions, or grievances complaints raised have be asked if the subjects of the information compensation workers’ filed or actions, or whether they have discriminatory practices or about union representation claims. a labor be may when there Nationality and even Act, the Immigration enforcing for is no prohibition there Generally with or to interfere to in order been provided have may information it appears that where However, in progress. dispute without the review no action their rights, should be taken on this information exercising for against employees retaliate Agent. Chief Patrol or an Assistant District Investigations of the Assistant for Director of the District and approval Counsel or that in progress, a labor dispute was action there Service that is taken and it is then determined When enforcement the rights, their employment exercising for against employees the Service to retaliate provided to was the information possible to the extent must ensure worksite at the team of the Service in charge officer enforcement lead immigration the country from not removed are violations of any or detained aliens necessary the prosecution arrested for any that agency which has jurisdiction these violations. nforcement over law without notifying the appropriate or federal the state for or attorneys investigators be interviewed by be held or to aliens to for arrangements Any laws labor/employment enforcing or other agencies/entities Labor Relations board the National Department of Labor, on a case-by-casewill be determined basis. aliens, or unauthorized of undocumented the employment concerning is received information When with the rights interfere to is being provided the information whether to should be given consideration be paid do so; to not to their rights exercise or to labor organizations join or assist form, to of employees injuries; related work for compensation receive to places; work safe and overtime; have minimum wages to retaliate handicap; or to religion, origin, national age, gender, based on race, discrimination from free be to seeking these rights. vindicate for to against employees the action involve might an INS enforcement that a suspicion creates source any from received information Whenever whether to determine officers Service should be made by attempt Service enforcement a reasonable a labor dispute, in Officer Information Board can at the National LaborRelations RegionalThe of the Office is in progress. a labor dispute or union election unfair labor practice on charges or decertification pending information are supply status petitions that the United can be obtained from and hour information Wage employers. non-agricultural sector, most private involving DepartmentStates of Labor (Wage labor department. or the state and Hour Division) persons who provide in a labor dispute, the Service protect to In unknowingly involved order becoming from should be asked the in the dispute involved the Service to or employees information about the employer following: ice Policy regarding labor Disputes labor regarding Policy ice oi 287.3a Questioning persons during labor disputes. 99) April inserts to 12/04/96; Added (revised aPPenDiX J: aPPenDiX

Rights begin at hoMe Protecting Yourself as a Domestic Worker 4-09 if the 63

66 67 three year year three . two years two of the incident, whether the actionof the incident, six years six years 67 , meaning that workers who want to enforce wage wage enforce to who want workers , meaning that 64 two years two 65 2 years 6 years 2 years 2 years statute of limitations for actions to enforce its provisions, and a its provisions, actions enforce to for of limitations statute This means that in some circumstances a court in some circumstances be asserted will permit means that a claim to This Statute of Limitations Statute

68 2004 2005 2006 2007 2008 2009 two year two $7.10 $7.10 $7.40 $7.65 $7.65 $8.00 $5.15 $5.15 $6.15 $7.15 $7.15 $7.25 $5.15 $6.00 $6.75 $7.15 $7.15 $7.25 employer either knew that he or she was breaking the law, or was reckless or was whether or not the about either knew breaking she was he or the law, that employer breaking was the law. behavior aPPenDiX K: aPPenDiX Generally speaking, workers have only a limited number of years in which they can bring in which they can a legal claim number of years a limited only have speaking,Generally workers varies depending on the type of claim. of limitations” “statute This against their employers. law Federal FLSA has a The statutes of limitations and minimum Wage rates, 200 rates, Wage minimum and limitations of statutes statute of limitations if the violation is considered “willful.” A violation is considered “willful” “willful” is considered A violation “willful.” is considered if the violation of limitations statute connecticut in Connecticut is of limitations statute The the Department must bring their claims to and hour violations years. two of Labor within new York new law. than the federal of limitations has a longer statute State York New must be started law within York A civil action under New beyond the limited time period. the limited beyond claims Wage for of limitations statutes Federal York new Jersey new connecticut 2004-2009 rates: Wage minimum York new connecticut new Jersey new If there is a good reason why the worker was unable to file suit during the six-year period, the worker may worker may the period, file suit during the six-year to unable was the worker why is a good reason If there However, file suit. to of time available the amount increases which, if granted, tolling,” “equitable ask for exercising from is prevented when the worker circumstances,” exceptional and “rare in this is only allowed reason.” some extreme her rights for Jersey new or other damages unpaid overtime compensation, unpaid minimum wages, with claims for Workers must bring within their claim and Hour Law Wage under the New Jersey State is filed by the employee or the commissioner. commissioner. or the by the employee is filed New Jersey also recognizes the principle of equitable tolling, if extreme circumstances prevented the prevented circumstances if extreme the principle of equitable tolling, New Jersey also recognizes timely filing of a suit. Connecticut also recognizes the principle of equitable tolling, if extreme circumstances prevented the prevented circumstances if extreme the principle of equitable tolling, Connecticut also recognizes timely filing of a suit. regular rate after 44 hours rate regular

x MW after 44 hours

Live-out agency by = employed companions Domestic workers, including all babysitters who including all babysitters Domestic workers, Live-in companions employed solely by agency solely by Live-in employed companions Live-in companions employed by private private by Live-in employed companions Live-out companions employed by private Live-out private by employed companions Live-in domestic workers = 1½ x regular rate Live-in rate = 1½ x regular domestic workers Live-out rate = 1½ x regular domestic workers Part-time babysitters employed on a casual basis employed babysitters Part-time Live-out by and live-in employed companions 1½ x MW after 40 hours = 1½ householder = 1½ x householder = 1½ x regular rate after 40 hours rate householder = 1½ x regular after hrs 44 after hours in a week 40 n n n n n AFter noVemBer 29, 2010 n AFter noVemBer 29, 2010 work on other than a part-timework casual basis the householder and/or by an agency. by the householder and/or exempt: n covered: n n No exemptions from overtime provision from No exemptions 68 overtime rates before and afterovertime the passage of the Bill of rights before rates minimum Wage coverage before and afterBill of rights the passage of the before coverage Wage minimum Live-in companions who live in “the home of an Live-in in who live companions Part-time babysitters working in babysitters Part-time Live-in if agency/3rd companions party is the Live-out whether – all, companions Domestic workers, including full-time full-time including workers, Domestic Live-out rate x regular = 1½ domestic workers Live-in domestic workers = 1½ x MW after 44 hrs 44 after MW x 1½ = workers domestic Live-in Live-out private by employed companions Live-in companions employed solely by agency solely by Live-in employed companions Live-out companions employed by the private household now receive 1½ times their regular hourly rate hourly rate 1½ times their regular receive household now Live-out the private by employed companions Live-in companions employed by the private household now receive 1½ times their hourly rate after 1½ times their hourly rate receive household now the private by Live-inemployed companions BeFore noVemBer 29, 2010 covered: employer” employer” employer’s home employer’s sole employer and client is not an employer is not and client sole employer exempt: employed by household or agency household by employed baby-sitters, housecleaners, etc. etc. housecleaners, baby-sitters, n n n n n Live-in domestic workers now get 1½ times their regular hourly rate after 44 hours in a week as opposed after 44 hours in a week hourly rate Live-in regular get 1½ times their now domestic workers changes: for the exemption live-in and narrows for companions, takes out the exemption law The part-time casual, to part-time babysitters. babysitters BeFore noVemBer 29, 2010 after 40 hours in a week after 40 hours in a week householder or agency = 1½ x MW after 40 hours = 1½ x MW after 44 hours n n n n after 40 hours in a week; previously they received 1½ the MW after 40 hours a week they received after 40 hours in a week; previously 44 hours in a week; they were previously exempted previously they were 44 hours in a week; to 1½ times the MW after 44 hours to n n exempt: exempt: householder private by Live-in employed companions changes: n aPPenDiX L aPPenDiX summary (MW) wage minimum to of changes and overtime rates coverage new York Domestic Worker Bill of rights of Bill Worker Domestic York new

Rights begin at hoMe Protecting Yourself as a Domestic Worker pdf. pdf. 264 A.D.2d 747 (2d Dept 1999). 264 A.D.2d 69 e at http://www.labor.ny.gov/formsdocs/wp/PART142s. at e 29 USC § 207; 29 CFR Parts 778 and 785. 29 USC § 207; 29 CFR Parts 29 USC §207(a)(1). 29 USC § 213(b)(21); 29 CFR §§ 552.100,.102. 29 USC § 213(b)(21); NY Labor Law § 170; 12 NYCRR § 142-2.2. § 170; 12 NYCRR Labor Law NY Conn. Gen Stat. §§ 31-60, -76b. Gen Stat. Conn. 29 USC § 203(m); 29 CFR § 552.100(c)-(d). 29 CFR §§ 531.1 et seq., 778.217(a), (b)(3). 29 USC § 203(m) permits 778.217(a), (b)(3). the deduction wages 29 CFR §§ 531.1 et seq., of tips from NY Labor Law § 193; 12 NYCRR §§ 142-2.5, -2.19-20,195.1. See also, Almeida v. Aguinaga, 500 F. 500 F. Aguinaga, v. Almeida §§ 142-2.5, -2.19-20,195.1. See also, § 193; 12 NYCRR Labor Law NY NJ Admin. Code §§ 12:56-8.1,-.8. Code NJ Admin. Conn. Agencies Regs. § 31-60-3. Regs. Agencies Conn. NJ Stat. Ann. § 34:11-56a4. Ann. NJ Stat. Conn. Gen. Stat. § 37-71a et seq. § 37-71a et seq. Gen. Stat. Conn. NYCRR § 142-2.4,-.18. NYCRR § 190-1. Labor Law NY NJ Stat. Ann. § 34:11 -56a et seq.; N.J. Admin. Code § 12:56-3.1 et seq. You can find New Jersey’s wage can find New Jersey’s You § 12:56-3.1 et seq. Code Admin. N.J. § 34:11 -56a et seq.; Ann. NJ Stat. NJ Stat. Ann. § 34:11-4.2 et seq. § 34:11-4.2 et seq. Ann. NJ Stat. Conn. Gen. Stat. § 31-58 et seq. If the federal minimum wage is ever raised above the state rate, the rate, the state above raised is ever minimum wage If § 31-58 et seq. federal the Gen. Stat. Conn. FLSA excludes “any employee employed on a casual basis in domestic service employment to provide basis in domestic service on a casual provide to employed employment employee “any FLSA excludes 29 USC § 206. The US Department of Labor website contains links to the federal statutes and regulations. regulations. and statutes the federal links to US DepartmentThe contains of Labor website 29 USC § 206. NY Labor Law § 650 (NY Minimum Wage Act); 12 NYCRR § 142 et seq.; (Minimum Wage Order for for Order Wage (Minimum § 142 et seq.; Act); 12 NYCRR Wage Minimum § 650 (NY Labor Law NY 9 Connecticut minimum wage increases to the federal rate plus 1/2 percent more than the federal rate rate than the federal more plus 1/2 percent rate the federal to increases Connecticut minimum wage §31-58(j). Gen. Stat. Conn. whole cent). the nearest to (rounded Statutes are available at http://www.dol.gov/whd/regs/statutes/0002.fair.pdf (webpage unavailable as of unavailable (webpage http://www.dol.gov/whd/regs/statutes/0002.fair.pdf at available are Statutes 2010). March http://www.dol.gov/dol/allcfr/ESA/Title_29/Chapter_V.htm. at available Regulations are

See also Ballard v. Community Home Care Referral Serv., Inc., Serv., Referral Home Care Community See v. also Ballard

only for a “tipped employee,” defined in 29 USC § 203(t) as “any employee engaged in an occupation in engaged in an occupation employee “any defined in 29 USC § 203(t) as “tipped employee,” a only for in tips.” month than $30 a more receives and regularly which he customarily Supp. 2d 366 (S.D.N.Y. 2007). 2d 366 (S.D.N.Y. Supp.

4 5 6 7 10 8 11 12 13 14 15 16 17 18 19 20 2 1 3

and hour laws on the New Jersey Department http://lwd.state.nj.us/labor/wagehour/ at: and hour laws of Labor website lawregs/nj_state_wage_and_hour_laws_and_regulations.html.

babysitting services or any employee employed in domestic service to provide companionship services companionship in domestic service provide employed to services employee babysitting or any 213(a) 29 USC § for themselves…” to case infirmity) individuals who (because of age or unable are for care, fellowship, “services which provide servicescompanionship define as regulations federal The (15). for care cannot infirmity, or mental age or physical because of advanced a person who, for and protection of the care to services related These work include household may CFR § 552.6. 29 needs.” is or her own – does is incidental the work that the extent to household work include general and may the individual, than 20% of her time on If spends more worker the Id. weekly 20% of the total hours worked. not exceed exemption companionship The a companion. housekeeping duties she is not considered general 29 CFR 552.109. agencies. through employed includes home health workers currently Home v. at Island Care Court 2007 Supreme upheld in the case Long was of the statute interpretation This and which or intermittent, is irregular which means employment babysitting 158). Casual (551 U.S. Coke 29 CFR §§ 552.4, 552.103-104. is not performed is babysitting. an individual whose vocation by Miscellaneous Industries and Occupations), availabl Occupations), and Industries Miscellaneous ://www.foreignlaborcert.doleta.gov/750inst.cfm. ://www.foreignlaborcert.doleta.gov/750inst.cfm. 70 IRS Pub. 501, “Exemptions, Standard Deduction, and Filing Information,” 2009, p 3, available at http:// at 2009, p 3, available Information,” Deduction, Standard and Filing “Exemptions, 501, IRS Pub. 29 CFR § 785.21 et seq. 29 CFR § 785.21 et seq. 12 NYCRR §142-2.1(d). 12 NYCRR NJ Admin. Code §§ 12:56-5.3, .5(a). Code NJ Admin. Conn. Agencies Regs. § 31-60-11. Regs. Agencies Conn. 29 CFR §§ 785.18-19. §§ 161-162. Labor Law NY § 31-51ii. Gen. Stat. Conn. NY Workers’ Comp. Law § 2(4), 3(1). Also see the NY Workers Compensation Board website for more more for website Board Compensation Workers the NY see § 2(4), 3(1). Also Law Comp. Workers’ NY NJ Stat. Ann. § 34:15-36 (containing no exemption for domestic workers). for no exemption § 34:15-36 (containing Ann. NJ Stat. 26 hours per over employed “regularly” In is worker assessing whether § 31-327(9)(A). Gen. Stat. Conn. 26 USC § 3304(a)(14)(A). 42 USC § 1981. 42 USC § 12112. 29 USC § 621. §§ 290, 296-B. Law Exec. NY §§ 10:5–5(f); Ann. NJ Stat. 34-11-56.1(a). § 46a-51(9). Gen. Stat. Conn. 328 US Co., Clemens Pottery Mt. v. Anderson 552.110. See also, 29 USC § 211(c); 29 CFR § 516.2 et seq., NY Labor Law § 661-2; 12 N.Y.C.R.R. § 142-2.6. § 661-2; 12 N.Y.C.R.R. Labor Law NY § 12:56-4.1 et seq. Code NJ Admin. § 31-66. Gen. Stat. Conn INSERTS April 99). See to (Revised 12/04/96; Added OI 287.3a Questioning persons during labor disputes. INA § 274A(a)(1)(A); 8 USCA. § 1324a(a)(1)(A). INA § 274A(a)(1)(A); 8 USC § 1324a (a)(4). 8 CFR § 274a.1(h). 8 CFR §274a.1(j). http at website DOL the on available are forms two These www.irs.gov/pub/irs-pdf/p501.pdf. The threshold for taxpayers over age 65 was $10,750 if single and age 65 was over taxpayers for threshold The www.irs.gov/pub/irs-pdf/p501.pdf. $19,800 if married.

information on coverage of domestic workers: http://www.wcb.state.ny.us/content/main/onthejob/Cover- of domestic workers: on coverage information on available are and regulations laws compensation workers General ageSituations/domesticWorkers.jsp. http://www.wcb.state.ny.us/content/main/ at website Board Compensation Workers State York the New wclaws/newlaws.jsp. week, the Workers Compensation Board looks to the twenty-six week period preceding the injury. Smith v. v. Smith the injury. period preceding the twenty-six week looks to Board Compensation Workers week, the 4324 CRB-3-00. No. 12, 2001). Case (December LEXIS 110 Wrk. Comp. 2001 Conn. Yurkovsky, 680 (1946). Appendix J. See, e.g., Patel v. Quality Inn South, 846 F.2d 700 (11th Cir. 1988), Singh v. Jutla & C.D. & R’s Oil, Oil, & R’s C.D. Jutla & 1988), Singh v. 700 (11th Cir. Quality Inn South, 846 F.2d v. Patel e.g., See, J. Appendix LEXIS 6171, No. Dist. Albertsons, 2002 U.S. Inc., v. 2002); Flores Cal. 2d 1056, 1058-59 (N.D. Supp. Inc., 214 F. 9, 2002). Apr. Cal. *5 (C.D. at WL 1163623, 100515, 2002 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

Rights begin at hoMe Protecting Yourself as a Domestic Worker 71 This form is available on the department is available of Homeland Security form at This website For these and other requirements of A-3 and G-5 visa contracts, see U.S. State Department, State see U.S. and G-5 visa contracts, of A-3 other requirements these and For 18 USC §§ 1589,1595. 18 USC §§ 1589,1595. INA § 101(a)(15)(T)-(U). §135.35-36. Law Penal NY § 2C:13–8. Ann. NJ Stat. action). §§ 53a-192; 52-571i (civil Gen. Stat. Conn. 29 USC §215(a)(3). §§ 215, 662(1). Labor Law NY § 34:11-56a24. NJ Stat. § 31-51m, -69b(a). Gen. Stat. Conn. § 691-93. Labor Law NY § 34:8-51(a)(4). Ann. NJ Stat. § 31-131. Gen. Stat. Conn. Sabhani, 566 F. v. U.S. 132, 141 (2d Cir.1999); Servs., RSR Sec. 172 F.3d 29 USC §255(a). See also Herman v. NY Labor Law §198(3). Labor Law NY held in who were workers that found York District the Eastern example, of New Sahbnani, for v. In U.S. NJ Stat. Ann. § 34:11-56a25.1 Ann. NJ Stat. § 52-596. Gen. Stat. Conn. discrimination case, Court in an employment Connecticut Supreme has applied equitable tooling The available at: http://www.uscis.gov/files/form/i-140instr.pdf. http://www.uscis.gov/files/form/i-140instr.pdf. at: available http://www.uscis.gov/files/form/i-140.pdf. Instructions for I-140, Immigrant Petition for Alien Worker are Worker are Alien for Petition for I-140, InstructionsImmigrant http://www.uscis.gov/files/form/i-140.pdf. “Informational Pamphlet to Protect Guest Workers and other Non-immigrants” available at at available and other Non-immigrants” Workers Guest Protect to Pamphlet “Informational Affairs see also US Department Foreign of State http://www.travel.state.gov/pdf/Pamphlet-Order.pdf; 9 § 41.21 N.2. Volume Manual Supp. 2d. 139 (E.D.N.Y. 2008); Ramirez v. Rifkin, 568 F. Supp. 2d 262, 268 (E.D.N.Y. June 23, 2008). 2d 262, 268 (E.D.N.Y. Supp. Rifkin, 568 F. 2008); Ramirez v. (E.D.N.Y. 139 2d. Supp. Id. the jury. to the question of willfulness courts Second leave Circuit generally The forced servitude, spoke no English and had no knowledge of the Fair Labor Standards Act were entitled to to entitled Act were Standards Labor servitude, spoke no English and had no knowledge Fair of the forced 2008). 2d 139, 146 (E.D.N.Y. Supp. 566 F. equitable tolling. citing the “remedial nature of the statute.” Williams v. Commission on Human Rights and Opportunities, Commission v. Williams of the statute.” nature “remedial citing the 258 (2001). 257 Conn. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 n 72 212-481-5747 212-285-3025 New York, NY 10001 NY 10001 New York, New York, NY 10038 New York, 75 Maiden Lane, Suite 601 75 Maiden Lane, 1201 Broadway, Suite 907-908 1201 Broadway, DOMESTIC WORKERS UNITED DOMESTIC WORKERS NATIONAL EMPLOYMENT LAW PROJECT LAW EMPLOYMENT NATIONAL

Rights begin at hoMe