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National Wage and Hour Clearinghouse

NY lawmakers approve domestic worker rights

Tuesday, June 01, 2010

New York lawmakers have passed bills to require overtime pay after eight-hour workdays and at least one day off weekly for more than 200,000 housekeepers, nannies and other domestic workers in the state. Advocates say that if Gov. David Paterson signs the measures into law, New York will become the first state establishing those rights for household workers, most of whom are women and emigres and often are vulnerable to abuse.

Federal minimum wage laws already apply. Unlike the Assembly-passed bill last year, the Senate measure that was approved 33-28 on Tuesday also guarantees a half-dozen holidays, seven sick days and five vacation days annually, all paid. Both would establish collective bargaining rights. The Senate bill also would require 14-day termination notice or pay and establish a worker's right to sue.

Lawmakers will have to reconcile differences in the bills. "New York has long been a leader in protecting the rights of workers. We enacted child labor laws long before the federal government did and were the first to pass labor protections for those toiling in sweatshops," said Sen. Diane Savino, a Staten Island Democrat. She said the legislation would not apply to casual laborers like baby sitters and occasional house cleaners. It would take effect Jan. 1.

Domestic Workers United, an advocacy group, estimated there are 200,000 such workers in New York City alone. The group said in a study that it found one-third reported verbal or physical abuse by employers, while two-thirds said they never received overtime pay. (click on link to read full story)

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