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Monday, December 23, 2024

New Jersey implements "Domestic Workers' Bill of Rights" effective July 1

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Angela Cai Deputy Solicitor General | New Jersey Office of the Attorney General

Angela Cai Deputy Solicitor General | New Jersey Office of the Attorney General

The “Domestic Workers’ Bill of Rights” took effect on July 1, 2024, as announced by the New Jersey Department of Labor and Workforce Development (NJDOL). This legislation establishes various rights and protections for domestic workers, including anti-discrimination measures, privacy rights, and written contract requirements. These provisions apply to domestic workers providing in-home services such as child care, house cleaning, elder or disabled care, cooking, and more.

Labor Commissioner Robert Asaro-Angelo stated, “The Domestic Workers’ Bill of Rights recognizes the invaluable contributions domestic workers make to families and communities. This law is a crucial step to ensuring the fair wages, safe working conditions, and dignity every worker deserves.”

Attorney General Matthew J. Platkin emphasized the significance of this law: “Thanks to Governor Murphy, that ends now. The Domestic Workers’ Bill of Rights provides critical new protections for domestic workers.”

Key protections under this law include breaks, privacy rights, safety measures, protection from discrimination and harassment based on protected statuses such as race or sex under the Law Against Discrimination (LAD), written contracts with employers except in certain circumstances involving casual work or minimal hours per month.

Employers are required to comply with various stipulations if they pay a domestic worker more than $1,000 annually or have employees working over five hours per month in non-casual roles. These requirements include obtaining an Employer Identification Number (EIN), registering for NJ payroll taxes starting July 1, 2024, securing Worker’s Compensation insurance among other obligations.

Non-compliance may result in financial penalties. It is also unlawful for employers to retaliate against workers exercising their rights under this bill.

Evelyn Saz from the National Domestic Workers Alliance expressed her support: “As a home care worker...the passage of the New Jersey Domestic Worker Bill of Rights fills me with immense pride and hope.” She added that it represents a significant step toward justice for domestic workers.

Jessica James from Hand in Hand: The Domestic Employers Network highlighted the collaborative effort behind this legislative achievement: “This landmark victory...underscores the importance of fair working conditions for all New Jersey workers.”

The NJDOL website provides further details on these new regulations which apply regardless of immigration status. If any violations occur concerning pay rates or contractual terms among other areas covered by this bill; affected parties can contact relevant authorities via provided phone numbers.

Further information about civil rights protections specific to domestic workers is available through DCR's resources online.

Guidelines shared by NJDOL serve informational purposes only without constituting legal advice; updates will follow as additional guidance becomes available.

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