Domestic Workers' Bill of Rights, State of New York (USA)

• Responsible Organisations: New York State Department of Labor (Government)
• ILO Regions: Americas
• Country(ies): United States
• Thematic areas: Protection; Ratification campaigns and implementation
• MLFLM: 8.; 9.(a),(b),(c); 11.; 8.; 9.(b); 10.
• Sectors: Domestic work

Description

The New York State Domestic Workers' Bill of Rights, in effect since November 2010, is the first of its kind in the United States. The Bill, which was the result of years of advocacy by Domestic Workers United and the Domestic Workers Justice Coalition, introduced a host of rights for domestic workers, including the right to overtime pay for work in excess of 40 hours per week (or 44 hours for live-in workers); the right to a minimum of three rest days per year, as well as to a full day of rest (24 hours) every seven days; and coverage under the New York State Human Rights Law. The law applies to workers regardless of immigration status, including citizens of the United States, legal permanent residents, immigrants with other lawful status, and undocumented workers. Part-time baby sitters and direct or extended family members performing care related functions in the household are excluded from the scope of the Bill of Rights. Since its adoption in the State of New York, a number of States have introduced similar legislation with the support of the National Domestic Workers Alliance.

Documents

• Winning Fair Labour Standards for Domestic Workers: Lessons Learned from the Campaign for a Domestic Worker Bill of Rights in New York State
  (ILO.pdf; 175kb)
• Feasibility of Domestic Worker Collective Bargaining
  (Feasibility.pdf; 261kb)