New Law Provides Domestic Workers Reason To Give Thanks
A new law went into effect on Monday in New York – The Domestic Workers Bill of Rights. Similar to the Fair Labor Standards Act (FLSA) the Bill of Rights will mandate that those who employ domestic workers full-time provide eight-hour days, minimum wage and paid overtime, along with 24 consecutive hours for rest each week, paid sick days, and paid annual vacation days.
Under the FLSA, nearly all employers are required to pay minimum wage and overtime compensation. The FLSA governs individual employees whose work affects interstate commerce, or work in a business involved in interstate commerce. This definition has been interpreted broadly, and includes virtually all employers. However, households that hire domestic workers have typically not been covered by the FLSA. This is slowly changing.
The New York law is the first state to enact a law governing domestic workers. A few communities across the country have similar provisions, recognizing that domestic workers are often underpaid, not paid overtime, and “expected to be on call to serve the needs of their employers’ families regardless of the needs of their own families.”
As Atlanta employee's rights attorneys, we are hopeful similar laws will come to Georgia. For those Georgia workers covered by the FLSA, if you worked this Thanksgiving, you may be entitled to holiday pay. Failure to compensate you for your time worked may constitute a violation of the FLSA.
For more information, contact Buckley & Klein, LLP, dedicated to protecting worker’s rights.