Domestic workers are categorized as those who care for an elderly person or children of a family, those who clean or cook within a home, and those who perform other domestic chores around the house including gardeners, maintenance personnel, butlers, and chauffeurs.
For domestic workers there is what is known as the Domestic Workers Bill of Rights which protects those who are working directly with a family. These rights do not apply to those who work occasionally in a similar capacity including those that cut the grass or babysit.
As part of the protective measures specifically designed for domestic workers, there must be a wage paid that is at least at the state minimum wage. Overtime pay must also be paid out for work done over 40 hours in a week or 44 hours a week for those that live on the premises. Unfair pay has been a consistent struggle for many domestic workers in the US and the Bill of Rights is meant to ensure fairer treatment and pay as well as other protections.
One of the more important protections involves the insurance coverage domestic workers are entitled to receive. Unemployment insurance should be paid by your employer and if you are without a job for reasons that were not your fault, you have a right to collect on unemployment insurance. For workers that put in over 40 hours a week, the employer must provide Workers Compensation Insurance which will cover the medical costs should you be hurt while at work. Lost income can also be recouped through this insurance. No matter the status of a worker’s immigration status, Workers Compensation Insurance should be provided.
If you have been hurt on the job while employed as a domestic worker but your employer refuses to cooperate, contact our law firm for a free consultation. We will work with you to secure the benefits you are entitled to as an injured worker. Just call us toll free at 888-799-3918 or through our online contact form.