New Job Protections Start For NJ Domestic Workers (What To Know)

NEW JERSEY — Are you a “domestic worker” in New Jersey? There are some valuable new rights on the job that you should be aware of – and they just kicked in this month, state officials say.

A new state law became effective on July 1, which advocates have dubbed the “New Jersey Domestic Workers' Bill of Rights Act.” It beefs up job protections for workers such as child care providers, nannies, home health aides, gardeners and house cleaners.

The law will create stronger labor protections for nearly 50,000 workers in New Jersey who provide domestic services, whether they are hourly or salaried, part-time or full-time. It will also apply to independent contractors. See Related: NJ Domestic Workers Win Job Protections, Immigration Advocates Cheer

Immigration and labor advocates had demanded more rights for domestic workers in the state for years, renewing their push in the months leading to the bill’s signing.

According to a 2021 survey from the NDWA, more than one-third of domestic workers do not get meal or rest breaks. Over three-fourths receive no pay if an employer cancels on them, even if the cancellation occurs after they arrive to work. And almost a quarter of domestic workers surveyed reported that they do not feel safe at work.

Many are women, immigrants and people of color who work in private homes – far away from the public eye, advocates say.

However, some pro-business groups have claimed that the law ignores protections that already exist for domestic workers, and that it will impose an unfair burden on some employers.

“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,” New Jersey Business and Industry Association Vice President of Government Affairs Alexis Bailey said when the bill was up for discussion in 2022.

NEW LAW BEGINS: WHAT TO KNOW

Here’s what you need to know about the new state law if you’re a domestic worker, according to the New Jersey Department of Labor and Workforce Development (NJDOL).

Domestic workers have new protections, regardless of their immigration status, including:

• The right to breaks, privacy, safety, and more
• Protection from discrimination and harassment on the basis of a protected status such as race or sex under the Law Against Discrimination
• A written contract with their employer(s). The written contract requirement does not apply if the domestic worker works less than five hours per month and, also, does not apply if the domestic worker is engaged in what the law refers to as “casual work;” which is work that is “irregular, uncertain, or incidental in nature and duration, and different in nature from the type of paid work in which the worker is customarily engaged.”
• Coverage under Workers’ Compensation, Unemployment Insurance, and Temporary Disability & Family Leave Insurance.

Private households who pay a domestic worker for services in their home are likely now considered an employer, and must inform the domestic worker, their employee, of their new rights. This could include a household that contracts with an employment agency for domestic services and where both the agency and the household, together, determine the terms of employment with the worker, such as schedule, pay, days off, breaks, etc. Private households which contract with an agency for services, but do not handle the employment terms, may not be considered employers. Employers with overlapping employment relationships with another hiring entity are jointly and severally liable for violations of the Domestic Workers’ Bill of Rights.

If a domestic employer has an employee who works five or more hours per month and is not engaged in “casual work,” the domestic employer must create a written contract with their employee, in the employee’s language. Employers can find a model contract here.

If a domestic employer paid their employee more than $1,000 in either 2023 or 2024, they must:

1. Get an Employer Identification Number (EIN)
2. Register for NJ payroll taxes and make contributions starting July 1, 2024
3. Get Worker’s Compensation Insurance

If employers don’t comply, they could face consequences, including financial penalties. It is unlawful to retaliate against a worker who exercises their rights.

Further details are available at nj.gov/labor/domesticworkers.

New Jersey’s work rights laws, including the Domestic Workers’ Bill of Rights, cover all workers, regardless of immigration status. If a domestic worker feels their rights related to pay and hours worked, contracts, breaks, privacy, misclassification, and notice and record requirements under the law have been violated, a complaint can be made online or by calling 609-292-2305.

New Jersey’s Law Against Discrimination also covers workers regardless of immigration status. If a domestic worker feels they have been subject to discrimination or harassment on the basis of a protected status such as race or sex, they may file a complaint with the New Jersey Division on Civil Rights (DCR) by visiting http://bias.njcivilrights.gov or by calling 1-833-NJDCR4U (833-653-2748). DCR has also provided a factsheet on the civil rights protections for domestic workers.

To learn more about the law and the benefits and protections domestic workers are entitled to, visit nj.gov/labor/domesticworkers.

Send news tips and correction requests to eric.kiefer@patch.com. Learn more about advertising on Patch here. Find out how to post announcements or events to your local Patch site.