If you are an employer who has hired an undocumented worker for domestic services at your residence, there are regulations that need to be adhered to in order to stay on the right side of the law. The Domestic Workers’ Bill of Rights, along with the New York State Labor Laws, has been designed to ensure the safety and fair treatment of domestic workers including nannies, cooks, housekeepers, and chauffeurs.
There have been many reports of people hiring undocumented workers and paying them much less than the minimum wage. In some cases, domestic workers have been injured on the job and do not receive the medical treatment required through workers compensation. Neither the employee nor the employer wants to acknowledge the arrangement because of the immigration status of the worker.
However, it is very important for workers and those that hire them to know that the Domestic Workers’ Bill of Rights cover all domestic workers including those that are citizens of the US, legal permanent residents of the US, immigrant with lawful status, and undocumented workers. The immigration status of the worker has no bearing on their ability to have their rights protected.
Domestic workers have a long history of being treated unfairly and in some cases very poorly and the Bill of Rights was created to protect the welfare of those serving others. Abuse is not an uncommon occurrence and should not be tolerated. Physical or emotional abuse is not acceptable and should be reported to the Department of Labor and the local authorities as necessary.
If you have been physically injured while working in a domestic capacity, you have rights to protect. Contact our experienced attorneys today to discuss your case confidentially. You can reach us by phone at 888-799-3918 or contact us through our online form.
