NJ Domestic Workers Win Job Protections, Immigration Advocates Cheer

NEW JERSEY — A new law in the Garden State will beef up job protections for “domestic workers” such as child care providers, nannies, home health aides, gardeners and house cleaners.

As part of a flurry of bill signings made earlier this month, Gov. Phil Murphy gave a final green light to S-723/A-822, otherwise known as the New Jersey Domestic Workers’ Bill of Rights Act.

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.

The legislation provides privacy rights for domestic workers, sets requirements regarding rest and meal break times, and requires employers to give advance notice prior to termination. The bill also requires employers to enter into a written contract with domestic workers.

Under the bill, the exclusion of domestic workers from the “Law Against Discrimination” and the “New Jersey State Wage and Hour Law” will be removed.

Evelyn Saz, a former home care worker and an organizer with the National Domestic Workers Alliance (NDWA), said the bill’s signing filled her with “immense pride and hope.”

“My journey, from the challenges faced in El Salvador to the struggles as a home care worker in New Jersey, has shown me the importance of standing up for our rights and dignity,” Saz said.

“This victory is for all the domestic workers who have tirelessly cared for others while enduring injustices in silence,” Saz added.

Sen. Britnee Timberlake (NJ-34), one of the sponsors of the bill, said it will be a big help to people like her grandmother, Mary Whitely, a career domestic worker who “cared for countless children and worked long, hard hours.”

“Domestic workers care for families and homes across our state,” Timberlake said. “They deserve basic rights and dignity.”

WHO IS COVERED?

The Office of Legislative Services (OLS) said it is “unable to determine the direction and magnitude of the bill’s net fiscal impact.”

According to the OLS, here’s what kinds of employees are covered under the bill:

“The bill defines domestic workers as hourly and salaried employees, full-time and part-time individuals, and temporary individuals, each one of whom works for one or more employers, and works in residence caring for a child; serving as a companion or caretaker for a sick, convalescing, elderly, or disabled person; housekeeping or house cleaning; cooking; providing food or butler service; parking cars; cleaning laundry; gardening; personal organizing; or for any other domestic service purpose.”

Here’s what kinds of employees are not covered under the bill:

“The bill’s definition of domestic worker excludes any individual providing care services for a family member of the individual; an individual primarily engaged in house sitting, pet sitting, or dog walking; an individual working at a business operating out of a residence; an individual whose primary work involves house repair or maintenance; a home health care aide paid through Medicare or Medicaid; an individual who is a kinship legal guardian of a child; and an individual participating in the Kinship Navigator Program.”

Immigration and labor advocates have been demanding more rights for domestic workers in the state for years, renewing their push in the months leading to this month’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.

“The New Jersey Domestic Worker Bill of Rights is more than just a piece of legislation; it's a genuine show of respect for the dignity and invaluable work of domestic workers,” said Jenn Stowe, executive director of the NDWA.

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.

• See Related: NJ Domestic Workers Demand More Workplace Rights, Bill Advances
• See Related: NJ Bill Would Beef Up Job Protections For House Cleaners, Health Aides
• See Related: This Bill Would Boost Job Oversight For NJ Nannies, Gardeners, Cleaners

IMMIGRANT RIGHTS BILLS

The Domestic Workers’ Bill of Rights was part of a three-bill package involving immigrant rights that was signed into law by Murphy earlier this month.

Other new legislation includes a law that requires state government entities to provide vital documents and translation services in the “seven most spoken non-English languages” in New Jersey. See Related: New Jersey Will Translate Crucial State Documents Into 7 Languages

Another new law requires state agencies to update demographic data collection methods on Asian, Native Hawaiian, Pacific Islander, Middle Eastern, North African and South Asian and Indian Diaspora residents in New Jersey.

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