The implementation of the new law requires not only signing a contract, but also buying insurance
With a new law signed by Gov. Phil Murphy in January, which officially took effect in July, many New Jersey families are now employers by default.
The bill, known as the Domestic Worker’s Rights Act, provides new protections for domestic workers who clean homes, care for children or the elderly. This means that in many New Jersey families, the responsibilities and obligations of hiring a domestic worker have changed significantly.
Bill content
The Bill of Rights for domestic Workers is designed to ensure that domestic workers can enjoy fair treatment, safe working conditions and the dignity they deserve. These workers include cleaners, nannies, caregivers, etc., and whether they are employed through agencies or directly by families, the new law gives them the following rights:
Right of rest:
Domestic workers are entitled to a reasonable rest period. This includes short breaks during work as well as holidays after long periods of work. Prevention of discrimination and harassment: The new law strictly prohibits any form of discrimination and harassment against domestic workers and ensures that they are treated with due respect in the work environment.
Social Security coverage:
Domestic workers now have access to a variety of social security programs, including unemployment insurance, workers’ compensation, temporary disability and family leave insurance.
The Act also makes it clear that both parties sign a written contract. Under the new rules, employers must sign a written contract with domestic workers as long as they work at least five hours a month in their home.
Robert Asaro-Angelou, commissioner of the New Jersey Department of Labor and Workforce Development, said the Domestic Worker Bill of Rights recognizes the invaluable contributions domestic workers make to their families and communities. This law is an important step in ensuring the fair wages, safe working conditions and dignity that every worker deserves, and empowering those who are often overlooked but play an important role in the daily lives of others.
Treat equally
Labor and welfare officials stress that these protections apply equally to domestic workers regardless of their immigration status. This is to ensure that all domestic workers can enjoy the rights and protection they are entitled to. The implementation of the new law means that regardless of whether workers have legal status or not, they can enjoy the same protections and benefits under the law.
The new rule also mandates that if a private household pays more than $1,000 for services provided by a domestic worker (either in 2023 or 2024), the employer will need to register and report the domestic worker’s payroll tax information to the state, and the domestic worker will be required to purchase workers’ compensation insurance. To ensure that domestic workers receive relevant medical and financial compensation when they are injured at work.
The New Jersey Department of Labor and Workforce Development reminds that these families who hire temporary workers “are now likely to be considered employers” and have a responsibility to inform domestic workers of their rights. However, families who employ domestic workers through agencies do not have to worry about this.
non-reprisal
Employers could face financial penalties if they do not comply with the new law. Labor and social security officials warned that employers must not retaliate in any way against workers for exercising their new rights.
Legal experts believe that the introduction of the new law marks an important step in the protection of domestic workers in New Jersey. Domestic workers play a key role in the daily lives of many families, and their work not only affects the quality of life of family members, but also has a profound impact on the overall well-being of the community.
By enacting the Domestic Worker Bill of Rights, New Jersey not only recognizes the importance of these workers, but is also committed to providing them with a more equitable and safe working environment. The implementation of this law may have a model effect on other states, prompting more places to adopt similar measures to protect the rights of domestic workers.
For employers, understanding and complying with the provisions of the new law is not only a legal obligation, but also a manifestation of respect and recognition for domestic workers. Many employers may need to make changes in the hiring process, such as ensuring written contracts, informing workers of their rights, and signing up for payroll taxes and workers’ compensation insurance. While these changes may add some administrative burden, in the long run they will contribute to a more harmonious employment relationship.
However, some critics worry that the law could increase the burden on home-based employers. The new regulations may cause some families to reduce or eliminate the employment of domestic workers, which could negatively impact the employment of these workers.
