NJ Bill Would Boost Job Protections For Nannies, Gardeners, Cleaners

NEW JERSEY — A proposed New Jersey state law that would ramp up job protections for “domestic workers” such as child care providers, nannies, home health aides, gardeners and house cleaners took another step forward on Thursday.

According to its sponsor, Sen. Richard Codey, the bill advanced out of the Senate Labor Committee by a 3-2 vote. Read the full text of S-723 here.

The legislation has been dubbed the “New Jersey Domestic Workers’ Bill of Rights Act.” Here’s what it will do if it becomes law, Codey said:

“The bill would remove the exclusion of domestic workers from the Law Against Discrimination and the New Jersey State Wage and Hour Law, provide privacy rights to domestic workers and require employers to enter into a written contract with the domestic workers they employ. The bill would also establish penalties for violations of its provisions, including penalties against retaliation by the employer.”

A companion bill is currently sitting before the Assembly Appropriations Committee. Read More: NJ Domestic Workers Demand More Workplace Rights, Bill Advances

Several advocacy groups that have been pushing for the bill in the Senate and Assembly gave Thursday’s news a big thumbs-up.

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But some critics of the proposed law, including the New Jersey Business and Industry Association (NJBIA), have said its supporters are ignoring the protections that already exist for workers. The bill’s backers are also underestimating how much the legislation would “overburden legitimate businesses” in the care industry, the group said, commenting on the Assembly version of the bill in September.

“Domestic workers can and absolutely should file a wage complaint with the state Department of Labor and Workforce Development (NJDOL) if they face wage theft,” NJBIA vice president of government affairs Alexis Bailey said.

“As we have seen in recent press releases, the NJDOL enforces wage-and-hour laws and publicizes employers who commit a violation,” Bailey said. “But the fact of the matter is some of the provisions in this legislation far and away exceed those in other states and are patently unfair for employers. Further, some of the mandated benefits included in the bill are not available for any other types of workers in the state or under federal law. We believe this bill must provide a fairer balance.”

Read the NJBIA’s full statement here.

For his part, Codey, a former governor of New Jersey, said there is a clear need for the changes the bill would make.

“Domestic workers are essential in supporting a third of families in New Jersey,” Codey said. “However, they earn some of the lowest wages of all occupations and are often victims to poor working conditions, wage theft, lack of formal contracts and unpredictable work schedules.”

Codey continued:

“The demand for domestic workers is projected to surge as the country’s aging population has led to an increased demand for paid care work, such as home health and personal care aides. We must ensure that these workers are being treated humanely and equitably, as they provide essential and necessary care and support to many families across the state. No one should be subject to face the mistreatment that domestic workers face on a daily basis and this legislation will put the proper protections in place.”

Codey represents the state’s 27th Legislative district, which includes Livingston, Millburn, Montclair, Roseland and West Orange in Essex County, and Clifton in Passaic County.

• See related article: NJ Temp Workers Say Tragic Car Crash Shows Urgent Need For Change

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