Originally posted by: https://www.employmentlit.com/2022/10/21/domestic-workers-may-soon-be-protected/
By: Ty Hyderally, Esq., and Jennifer Vorih, Esq.
It is memorable that the New Jersey’s Law Against Discrimination (the “LAD”) was signed into law over seventy-seven years ago — 1945. At the time, it was the first civil rights law in the nation. New Jersey has certainly been a trail blazer in this regard. Since then, the LAD has been amended many times, to include more protections for more New Jerseyans.
Despite this, domestic workers in New Jersey are still not protected from discrimination on the basis of race, sex, religion, disability, or other such characteristics. It is simply appalling that employers can freely – and legally – discriminate against caretakers, house cleaners, babysitters, gardeners, and others who work in the employer’s home.
As discussed in our November 22, 2021, blog, New Jersey’s domestic workers may soon have more rights, including protection under the LAD and the New Jersey Wage and Hour Law. The New Jersey Domestic Workers’ Bill of Rights Act was introduced in the Senate and the Assembly, and referred to the Senate and Assembly Labor Committees, on January 11, 2022. On May 19 of this year, the Assembly bill was reported out of the Assembly Labor Committee with Amendments (https://pub.njleg.gov/Bills/2022/A1000/822_S1.PDF), and referred to the Assembly State and Local Government Committee.
In addition to adding protections for domestic workers under New Jersey’s Law Against Discrimination and Wage and Hour Law, the Domestic Workers’ Bill of Rights would: require employment contracts which would document work hours, wages, and duties; ensure safe and secure workplaces; require that domestic workers be given two weeks’ notice prior to termination; restrict employers from threatening workers due to their immigration stations and from retaliating against workers for asserting their rights; provide privacy and anti-trafficking protections, ensuring freedom for workers in their communication; and require paid rest periods and meal breaks.
The Assembly’s revisions to the bill were minor: “hiring entity” was changed to “employer”; the Commissioner of Labor and Workforce Development will facilitate the adoption of occupational standards under OSHA; certain effective dates were changed; and minor technical amendments were made.
Domestic workers are essential to New Jersey, and the backbone of many New Jersey families. They provide critical services to New Jersey children, elders, and families. At the same time, these workers are among the most vulnerable employees in New Jersey, as discussed in our earlier post. There is no reason we should leave these essential workers unprotected and vulnerable to abuse. We are hopeful that New Jersey will finally begin to correct this glaring omission in protecting its workers.
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