If you have been injured or mistreated while working as a domestic worker in New York, call us today for a free consultation: (866) 205-2415. Se Habla Español.
Who Is Considered a Domestic Worker in New York?
Under New York law, domestic workers are those who are employed to perform services in a private household. Domestic workers can work on a live-in or live-out basis, and they may be employed directly by an individual or family. Their duties typically include:
Types of Domestic Workers and Their Roles
Nannies and Childcare Workers
Nannies are hired to care for and supervise the children of a family. They often work on a live-in basis and are regularly assigned far more responsibility than their formal job description covers. Nannies typically begin at lower wages but can earn more over time with experience. Live-in nannies frequently experience interrupted sleep, additional household duties beyond childcare, and working hours that extend well beyond what was originally agreed.
Housekeepers and Maids
Housekeepers and maids are employed to handle household chores including cleaning, laundry, grocery shopping, errand running, and general household maintenance. These positions typically offer lower wages and involve significant physical labor.
Personal Chefs and Cooks
Personal chefs and cooks are employed to prepare meals for the household on a daily basis. They may earn a more competitive wage depending on their training, experience, and the specific needs of the employer.
Chauffeurs and Personal Drivers
Chauffeurs handle the transportation needs of their employer and typically earn a medium-range wage based on experience and length of service.
Companions and Elder Care Workers
These domestic workers are hired to provide companionship and assistance to elderly family members, helping them with daily activities, personal care, and social engagement.
Butlers and Household Managers
Butlers and household managers oversee the overall operation of a household, coordinating staff and managing domestic affairs for their employer.
Groundskeepers and Maintenance Workers
Groundskeepers tend to the landscaping and general property maintenance of an employer’s home or estate, earning a low to medium wage based on experience.
Important: The legal protections for domestic workers apply to those who work regularly in a domestic capacity. They do not typically apply to occasional workers such as someone who babysits once or cuts the grass a few times a year.
New York’s Domestic Workers’ Bill of Rights
New York was the first state in the nation to pass a Domestic Workers’ Bill of Rights, signing the landmark legislation into law in 2010. This law was a major victory for the millions of domestic workers across the country who had been excluded from basic labor protections since the 1930s — when domestic workers were deliberately left out of the original federal labor laws.
New York’s action inspired other states to pursue similar legislation. California followed with its own bill, which ultimately became law, and domestic worker advocacy groups pushed for rights legislation across the country and at the international level.
What Does the New York Domestic Workers’ Bill of Rights Guarantee?
Minimum Wage
Domestic workers must be paid at least the New York State minimum wage. No exceptions. Paying a domestic worker less than minimum wage — in cash or any other form — is illegal.
Overtime Pay
Domestic workers who work more than 40 hours in a calendar week are entitled to overtime pay at time-and-a-half their regular rate. For live-in domestic workers, the overtime threshold is 44 hours per week rather than 40.
One Day Off Per Week
Domestic workers are entitled to at least 24 consecutive hours of rest every seven days. If an employer asks a worker to work on their scheduled day off, the worker must be compensated at the overtime rate.
Paid Rest Breaks
Domestic workers are entitled to rest periods during their shifts. Employers must provide reasonable break time during the workday.
Paid Vacation After One Year
After completing one year of service, domestic workers are entitled to at least three days of paid vacation per year.
Workers’ Compensation Insurance
Employers of domestic workers who work more than 40 hours per week are required by law to provide workers’ compensation insurance. This insurance covers the cost of medical treatment and lost wages if the domestic worker is injured on the job. Workers’ compensation coverage applies regardless of the worker’s immigration status.
Unemployment Insurance
Employers of domestic workers are required to pay into unemployment insurance. If a domestic worker loses their job through no fault of their own, they have the right to collect unemployment insurance benefits.
Protection from Harassment and Discrimination
Effective November 29, 2010, the New York State Human Rights Law was specifically amended to cover domestic workers. This law protects domestic workers from harassment and discrimination based on gender, race, religion, national origin, sexual orientation, and other protected characteristics. Domestic workers have a special cause of action under this law, recognizing the unique vulnerability created by working in a private home.
Retaliation Protections
It is illegal for an employer to retaliate against a domestic worker for reporting harassment, filing a complaint, or asserting their legal rights. Even if a worker fears losing their job or their housing, they have the legal right to report abuse and seek legal protection without being penalized for doing so.
The Reality: How Domestic Workers Are Treated
Despite these legal protections, the reality for many domestic workers in New York remains deeply troubling. A major national research study — the first of its kind to examine domestic worker conditions in detail — interviewed more than 2,000 workers across 14 major cities and found widespread violations of basic labor standards.
Wages and Pay Violations
The study, titled Home Economics: The Invisible and Unregulated World of Domestic Work, found:
- 1 in 4 domestic workers were receiving wages below their state’s minimum wage
- Some workers reported earning as little as $1.50 per hour
- Workers surveyed included 23% who were not earning at least the federal minimum wage of $7.25 per hour
- The average wage for nannies was approximately $11 per hour, while housekeepers and caregivers earned an average of $10 per hour
- Immigrant workers consistently earned less than American-born workers across nearly all domestic work categories
- Live-in workers earned significantly less than live-out workers, despite frequently taking on more work and having their sleep regularly interrupted
Many workers earning sub-minimum wages reported being unable to afford basic necessities for themselves and their families — including food — despite working long hours for other families.
Excessive Hours and Work Overload
The survey found that 1 in 4 domestic workers were prevented from getting at least five uninterrupted hours of sleep due to their work demands. Live-in workers in particular were routinely assigned tasks and responsibilities far beyond their original job description simply because of the convenience of having them on the premises at all times. This practice is both exploitative and potentially dangerous — sleep deprivation leads to errors, accidents, and serious injuries on the job.
The Human Cost: Domestic Workers’ Own Families Suffer
Many domestic workers dedicate long hours caring for other people’s families — their children, elderly relatives, and households — while their own families are left to struggle. The low wages and lack of benefits common in domestic work means workers’ own children and family members often go without adequate care, healthcare, and basic necessities. Many domestic workers lack health insurance entirely, meaning a work injury can be financially catastrophic for their households.
Physical Injuries on the Job
Domestic work carries real physical risks. Workers are frequently required to perform heavy lifting, repetitive physical tasks, and work in conditions that can cause injury. When injuries occur, many domestic workers are afraid to report them or seek medical care for fear of losing their job and their housing — particularly for live-in workers whose employment and housing are intertwined.
Harassment and Abuse of Domestic Workers
Because domestic workers perform their work inside private homes — largely out of public view — they are particularly vulnerable to harassment and abuse. Many workers find gratifying, long-term employment with families who treat them fairly and respectfully. But for too many others, working in isolation from other coworkers and institutional oversight creates conditions ripe for exploitation.
Forms of Harassment and Abuse Domestic Workers Face
- Physical abuse — employers who lash out physically for perceived mistakes or poor performance
- Sexual harassment — unwanted advances, comments, or conduct of a sexual nature from employers or household members
- Harassment based on race, national origin, gender, or religion — discriminatory treatment and hostile work environments
- Wage theft — deliberate underpayment, non-payment of overtime, or outright withholding of earned wages
- Coercive working conditions — live-in workers who are dependent on their employer for both income and housing face tremendous pressure to tolerate mistreatment rather than risk losing both simultaneously
Your Rights if You Have Been Harassed or Abused
Under the New York State Human Rights Law, domestic workers are protected from any form of harassment in the workplace — including the private home where they work. You have the right to report harassment to the New York State Department of Labor without fear of retaliation. It is illegal for your employer to fire you, remove you from your housing, reduce your pay, or take any other retaliatory action because you reported harassment or abuse.
If you have experienced physical abuse, you should also report it to local authorities. No worker — regardless of immigration status — should be forced to endure physical or sexual abuse in order to keep their job.
Immigration Status Does Not Affect Your Rights
This is one of the most important things for domestic workers to understand: your immigration status does not determine whether you are entitled to the protections of the Domestic Workers’ Bill of Rights.
The New York Domestic Workers’ Bill of Rights, together with the New York State Labor Laws, protects all domestic workers including:
- United States citizens
- Legal permanent residents
- Immigrants with lawful status
- Undocumented workers
Employers who hire undocumented domestic workers are still legally required to pay at least minimum wage, provide overtime, offer rest days, and maintain workers’ compensation insurance. Many employers — and many workers — are unaware of this. Some employers deliberately exploit undocumented workers, paying them below minimum wage and refusing to provide workers’ compensation coverage, betting that workers are too afraid of immigration consequences to complain.
If you have been injured while working as a domestic worker in New York, you have the right to file a workers’ compensation claim and receive medical treatment and lost wage benefits — regardless of your immigration status. An experienced attorney can guide you through this process confidentially.
Workers from around the world — from the 71 countries represented in the national domestic workers’ study — have the same fundamental protections when they work in New York. Language and immigration status are not barriers to asserting your legal rights.
Workers’ Compensation for Domestic Workers
If you are injured while performing your domestic work duties, you may be entitled to workers’ compensation benefits. Workers’ compensation in New York covers medical treatment costs and lost wages for workers injured on the job, regardless of fault.
When Does Workers’ Comp Apply to Domestic Workers?
Employers are legally required to provide workers’ compensation insurance if a domestic worker works more than 40 hours per week. However, even workers who fall below this threshold may have options — speak with an attorney to understand your specific situation.
Common injuries among domestic workers that may qualify for workers’ compensation include:
- Back and spine injuries from lifting children, elderly individuals, or heavy household items
- Slip and fall injuries on stairs, wet floors, or outdoor surfaces
- Repetitive stress injuries from cleaning, cooking, or childcare tasks
- Burns and cuts sustained during cooking or household maintenance
- Injuries from performing tasks outside the worker’s training or job description
- Injuries caused by sleep deprivation — a recognized occupational hazard for live-in domestic workers
What to Do If Your Employer Refuses to File a Workers’ Comp Claim
Unfortunately, many domestic workers are injured and their employers refuse to acknowledge the claim, deny that workers’ comp applies, or pressure the worker to stay quiet. This is illegal. If you have been injured and your employer is refusing to cooperate, contact our legal team immediately. We will work on your behalf to secure the benefits you are entitled to — at no cost to you unless we win your case.
The Ongoing Fight for Domestic Worker Fairness
Domestic workers have been vulnerable to exploitation since the 1930s, when they were intentionally excluded from the federal labor protections that covered most other American workers. That legacy of exclusion has been slowly but persistently dismantled through decades of advocacy.
New York’s 2010 Domestic Workers’ Bill of Rights was a landmark achievement — the first of its kind in the United States. When California introduced its own similar bill, Governor Jerry Brown initially vetoed it, citing practical concerns about implementation. Advocates pointed out that these concerns — such as how nannies would take breaks while caring for children — had straightforward solutions (breaks during nap times, for example) and that the state had years to work out the details before the law took effect. The fundamental point was clear: domestic workers had been denied the most basic workplace protections that nearly every other employee already takes for granted.
Today there are an estimated 10 million domestic workers in the United States. Globally, the International Labour Organization estimates there are over 50 million domestic workers worldwide. The fight for fair wages, safe conditions, and basic dignity for this workforce continues at every level.
The National Domestic Workers Alliance and other advocacy organizations have continued to push for expanded protections. Their research consistently reveals that wage theft, excessive hours, and unsafe conditions remain widespread — particularly for immigrant workers and those employed in informal household arrangements.
Frequently Asked Questions: Domestic Worker Rights in New York
Am I covered by the Domestic Workers’ Bill of Rights if I work part-time?
Some protections apply regardless of hours, such as minimum wage requirements and protections against harassment. Workers’ compensation coverage is required by employers when you work more than 40 hours per week. Speak with an attorney to understand exactly which protections apply to your specific situation.
My employer pays me in cash and says I don’t have “real” employee status. Is that true?
No. Payment in cash does not affect your status as an employee entitled to legal protections. Many domestic workers are paid in cash, and this is perfectly legal — but it does not eliminate your employer’s obligation to pay at least minimum wage, provide rest days, maintain workers’ compensation insurance, and comply with all other provisions of the law.
I’m undocumented. Can I file a workers’ comp claim if I’m injured?
Yes. Immigration status does not affect your right to file a workers’ compensation claim in New York. Your employer is still legally required to provide coverage, and you are legally entitled to receive medical treatment and lost wage benefits if you are injured on the job. An attorney can guide you through this process confidentially.
My employer is also my landlord because I live in their home. What happens if I report harassment?
This is one of the most difficult situations domestic workers face, and the law recognizes it. Retaliation — including eviction or removal from the employer’s premises — for reporting harassment is illegal. If you are in this situation, contact an attorney before taking any action so you understand all of your options and how to protect yourself.
I was injured doing a task my employer asked me to do that wasn’t part of my job. Am I still covered?
Yes. Workers’ compensation covers injuries that occur in the course of your employment, including tasks assigned by your employer even if they fall outside your formal job description. Domestic workers are frequently asked to perform tasks beyond their original role, and injuries from those tasks are generally covered.
My employer refuses to pay my overtime. What can I do?
Wage theft — including the non-payment of overtime — is illegal and can be reported to the New York State Department of Labor. You may also have a private legal claim against your employer for unpaid wages. An attorney can help you understand your options and recover the wages you are owed.
How do I know if my employer is required to carry workers’ comp insurance for me?
Under New York law, employers of domestic workers who work more than 40 hours per week in a single household are required to carry workers’ compensation insurance. If you are a live-in worker, the threshold is 44 hours per week. If your employer has not provided this insurance and you are injured, contact an attorney immediately — there are still legal options available to you.
Have Your Rights as a Domestic Worker Been Violated? Call Us Today.
At Markhoff & Mittman, P.C. — The Disability Guys — we have been fighting for injured and exploited workers in New York for over 85 years. We understand the unique challenges domestic workers face, including language barriers, immigration concerns, and the fear of losing both income and housing by speaking up.
If you have been underpaid, injured, harassed, or otherwise mistreated as a domestic worker in New York, we are here to help. All consultations are free and completely confidential. You pay nothing unless we recover compensation for you.
- Call us toll-free: (866) 205-2415
- Text us: (914) 506-5665
- Email: info@thedisabilityguys.com
- Se Habla Español