Estimates suggest that this legislation will provide benefits to roughly 200,000 previously unprotected individuals employed as domestic workers, which for purposes of the legislation, includes individuals "employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing or elderly person, housekeeping, or for any other domestic service purpose." Notably, however, the protections provided by the bill will not be extended to family members of the employer, individuals working on a casual basis – such as babysitters – and individuals who provide companionship services. 

The legislation requires employers to pay overtime pay at a rate equal to time and one half where a domestic worker works more than 40 hours in a week, or more than 44 hours for those who are live-in domestic workers. Additionally, domestic workers must now be afforded at least one day off per calendar week, preferably coinciding with the day the individual reserves for religious worship whenever possible. Also, following one year of work with the same employer, domestic workers will be entitled to a minimum of three paid days off. The legislation also amends the Executive Law through the addition of § 296-b, which makes it unlawful for employers to discriminate against, or otherwise harass, domestic workers on the basis of gender, race, religion, or national origin. Additionally, the Commissioner of Labor must provide the Governor, Speaker of the Assembly, and the Temporary President of the Senate with a report detailing "the feasibility and practicality of allowing domestic workers to organize for purposes of collective bargaining" by November 1, 2010. 

For more information regarding this new legislation, and its potential impact on individuals and corporations who employ domestic workers, please contact Daniel J. Moore at (585) 419-8626, or the Harris Beach labor and employment attorney with whom you usually work.

This Legal Alert provides a brief analysis or commentary on matters related to labor and employment law, and does not purport to be a substitute for advice of counsel on specific matters.  The application of any federal and/or state wage and hour laws, and any implementing regulations will depend on the facts presented in each case.  As such, counsel should be sought for specific situations.

Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, Long Island, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Yonkers, and White Plains, as well as Newark, New Jersey, and New Haven, Connecticut.