NJ Households Hiring Domestic Help Are Now Considered “Employers” Due to New Legislation

NJ Households Hiring Domestic Help Are Now Considered “Employers” Due to New Legislation

Edited by: TJVNews.com

As of July 1, domestic workers in New Jersey have new protections and rights under a groundbreaking piece of legislation. According to a report on New Jersey 1015 radio, this “bill of rights” for domestic workers, signed into law by Governor Phil Murphy in January, aims to ensure fair treatment, dignity, and security for those who perform essential services such as home cleaning, childcare, and elderly care. The law introduces comprehensive safeguards and benefits, marking a significant step forward in labor rights for this often-overlooked workforce.

The new law encompasses a range of protections designed to improve the working conditions and overall well-being of domestic workers. The report on NJ1015.com also indicated that these provisions apply regardless of whether the worker is hired by an agency or directly by a household. Key elements of the bill include domestic workers being entitled to regular breaks during their work hours. This ensures they have time to rest and recharge, promoting better health and job performance.

The law also explicitly protects domestic workers from any form of discrimination or harassment, providing them with a safer and more respectful working environment.

Domestic workers are now covered under unemployment insurance, offering financial support if they lose their jobs through no fault of their own.

This coverage provides domestic workers with financial assistance and medical care if they are injured on the job, ensuring they are not left vulnerable in the event of workplace accidents.

Workers can receive benefits if they are temporarily unable to work due to a non-work-related injury or illness, providing a crucial safety net during periods of recovery.

Domestic workers are now eligible for family leave insurance, allowing them to take time off to care for a family member with a serious health condition or to bond with a new child without fear of losing income.

The law mandates that a written contract must be established between the worker and employer if the individual is employed for at least five hours per month. This contract should outline the terms of employment, ensuring clarity and mutual understanding.

Robert Asaro-Angelo, commissioner of the New Jersey Department of Labor and Workforce Development, highlighted the significance of the new law, telling NJ1015.com that “The Domestic Workers’ Bill of Rights recognizes the invaluable contributions domestic workers make to families and communities. This law is a crucial step in ensuring the fair wages, safe working conditions, and dignity every worker deserves, and to empowering those who are often overlooked yet play an essential role in the daily lives of others.”

For households that contract with an agency for domestic services but do not manage employment terms directly, the burden of compliance may not apply, NJ1015.com reported. However, for those who employ domestic workers directly, several critical requirements must be met:

Employers must inform their domestic workers about their rights under the new law. This ensures that workers are aware of their entitlements to breaks, protection from discrimination and harassment, and coverage under various insurance programs.

Households that pay more than $1,000 annually to a domestic worker in 2023 or 2024 must register for payroll taxes and obtain workers’ compensation insurance. This step is crucial for providing financial and medical support to workers in case of job-related injuries or illnesses.

As mandated, a written contract outlining the terms of employment must be established if the domestic worker is employed for at least five hours per month. This contract provides clarity and legal backing to the working relationship, safeguarding both parties.

Domestic workers provide critical services that allow families to function smoothly and support the well-being of children and elderly family members. Despite their essential role, domestic workers have historically been excluded from many labor protections. This new bill of rights addresses this gap, acknowledging the value of their work and ensuring they receive the respect and security they deserve.

Employers of domestic workers must be aware of their new obligations under the law. According to the information provided in the BJ1015.com report, it is essential to inform their employees about these new protections and ensure compliance with the requirements. This includes providing breaks, maintaining a discrimination-free workplace, and establishing written contracts that clearly define the terms of employment.

Employers should also familiarize themselves with the processes for enrolling their domestic workers in unemployment insurance, workers’ compensation, temporary disability, and family leave insurance programs. Compliance with these regulations not only safeguards the rights of domestic workers but also fosters a fair and ethical working environment.

State officials have emphasized that the protections afforded by this new law apply universally, irrespective of a worker’s immigration status, as was noted in the NJ1015.com report. This inclusive approach ensures that all domestic workers, whether they are house cleaners, nannies, or caregivers for the elderly, are entitled to fair treatment, safe working conditions, and legal safeguards.

The state has issued a clear warning that failure to comply with the new law could result in financial penalties for employers, as was explained in the NJ1015.com report.  This highlights the importance of adherence to the regulations and highlights the state’s commitment to enforcing these new standards.

Moreover, officials have stated that it is unlawful to retaliate against a worker who exercises their rights under this law. The report added that this provision protects domestic workers from any form of retribution, ensuring they can assert their rights without fear of negative consequences.