Domestic workers in New Jersey are celebrating the recent signing of the Domestic Workers’ Bill of Rights Act. Proponents of this historic legislation talked to Montclair Local.
In Montclair, organizations like AAPI Montclair, will work with labor rights coalitions to ensure implementation of the New Jersey Domestic Workers Bill of Rights Act (Bill S723). The bill grants workers equitable labor rights akin to those of other employers in the state.
“We’re working on a roll-up plan to ensure documentation of workers’ rights and employer responsibilities,” said Jeffrey Chang, board member of AAPI Montclair.
Montclair was one of the towns where the Center for Women at Work at Rutgers University, in collaboration with other advocacy organizations, conducted surveys for a study to understand the needs and concerns of domestic workers in the state, mainly identified as migrant women of color.
The findings revealed domestic workers often face wage theft, no recognition of lunch breaks or sick days, unpredictable schedules and sudden layoffs from their employers.
New Law, New Protections
Senator Richard J. Codey, Senator Loretta Weinberg, and Assemblywoman Britnee N. Timberlake introduced the state Bill of Rights in 2021. The Domestic Work Alliance and migrant organizations, including Wind of the Spirit, Casa Freehold, Adhikaar, New Labor, Unidad Latina en Acción and Lazos America Unida, championed the bill. The bill’s arrival demolished an 80-year-long barrier fencing domestic workers from the Law Against Discrimination and the New Jersey State Wage and Hour Law.
Specifically, the new law recognizes health and safety protections and privacy rights for domestic workers.
This milestone made NJ the 11th state to enact such legislation, a notable development in a country with the weakest labor protection among wealthy nations, according to a report of 2023 by the global organization Oxfam.
The state bill of rights covers workers who care for children, the elderly, the sick, and individuals with disabilities, along with house cleaners, cooks, gardeners, organizers, drivers, and other domestic workers employed within private residences. It covers individuals who work full-time or part-time as an employee or independent contractor.
Sara Muñoz, a home cleaning business owner who offers her services in Montclair, has been lucky to work with people who care. But, she said, “it’s great to know regulations are in place for a fair and safer working environment.”
From Marginalization to Empowerment
NJ State House won’t forget about domestic workers any time soon, said Evelyn Saz, spokesperson and organizer for NJ National Domestic Work Alliance (NDWA). Saz, a former home care worker, reflected on the route to get the approval of The Domestic Workers Bill of Rights Act.
“Many legislators have a domestic worker in their service. However, they were unaware workers had no protections. Creating that sensitivity was very important,” said Saz.
Murphy’s January bill signing was a victory for domestic workers and labor advocates raising awareness at the State House. They urged members to address vulnerabilities faced by 50,000 domestic workers excluded from The Fair Labor Standards Act (1938).
“At their discretion, each employer could proceed to do or not do things, and domestic workers were affected,” said Saz. Domestic workers did not even have the right to file a complaint.
Key Points of the State Domestic Workers Bill of Rights
Education for Fair Working Conditions
The Domestic Worker Bills of Rights will be implemented in July 2024.
“We want people to be educated in different ways. Workshops, forums, everything,” said Doris Castro, member leader and co-founder of the Domestic Workers Committee of New Labor NJ. “We want to see our workers happy with a salary and a respected law.”
AAPI Montclair plans to host webinars and integrate education about the legislation into activities.
Per the Language Access Law, state government materials must be translated into common non-English languages. Chang sees the law working hand in hand with the bill.
“We see this as making sure domestic workers, primarily women of color and many immigrants, have information in their language. There are many employers whose English is not necessarily their language communicated as well,” said Chang.
Ensuring Fair and Supportive Work
Employers in the Garden State can find essential tools to develop transparent and respectful labor relationships with their domestic workers.
The U.S. Department of Labor offers sample agreements. These detail expectations, responsibilities, and obligations for employers who request the service of nannies, home care workers, or house cleaners.
New Jersey Department of Labor & Workforce Development has information on rights and protections for domestic workers regardless of immigration status.
Hand in Hand is a national network of employers of nannies, house cleaners, and home attendants. They support employers providing fair working conditions. Their resources include an employer checklist and bilingual sample work agreements in English and Spanish.