14Jul

Domestic Workers’ Bill of Rights Act

On July 1, 2024, New Jersey passed the Domestic Workers Bill of Rights.

This law grants protections for different types of workers who provide in-home services, such as home health aides, nannies, and house cleaners. This legislation establishes rights and employment protections for domestic workers that previously did not exist at the State level.

Protections Afforded by the Law

  • Workers are entitled to at least the State minimum wage, as well as the rate that was agreed upon when hired.
  • According to the legislation, employees are entitled to overtime pay at 1 ½ times their regular hourly rate. For example, if the employee’s regular hourly rate is $20 per hour, this means that for each additional hour worked over the regular 40-hour workweek, the employee must receive $30 per hour.
  • The employer must pay the worker at least twice a month.
  • For each period of five consecutive hours worked, the employer must provide a paid 30-minute rest period.
  • Employers have to give you paid 10-minute breaks every four consecutive hours worked. Furthermore, employers can’t prevent or discourage you from taking these breaks.
  • If you live in your employer’s home, you cannot be required to work more than six days in a row without being given a 24-hour rest period. However, the day of rest can be unpaid.
  • Additionally, the law also requires a written contract between the parties if employees are to work more than 5 hours per week. This means that domestic workers now have more protections afforded to them because the terms of employment have to be spelled out in writing. The New Jersey Department of Labor website provides free sample contracts for potential employers and companies to review.
This law covers workers regardless of their immigration status. Furthermore, this legislation acknowledges what New Jerseyans have known all along: that domestic work is real work.

The person who looks after your elderly or disabled family members while you’re at work is entitled to basic labor protections.