Massachusetts Enacts 'Domestic Workers Bill of Rights'

Executive Summary

Coverage: All employers employing domestic workers in Massachusetts

Effective Date:  April 1, 2015

Overview:   Massachusetts has passed the Domestic Workers Bill of Rights Act, offering protections for domestic workers.

Action Required:  Contact your Human Resource Business Partner for guidance as needed.  We will notify clients when a model state notice (detailed below) is available.

The Details

Covered Workers

The law applies to all domestic workers. Under the law, a domestic worker is an individual who is paid by an employer to perform domestic work in a household, including but not limited to:

• Housekeeping
• House cleaning
• Home management
• Nanny services
• Caretaking of individuals in the home, including sick, convalescing and elderly individuals
• Laundering
• Cooking
• Home companion services and
• Other household services for members of households or their guests in private homes. However, personal care attendants (under the MassHealth program) are excluded as well as an individual whose vocation is not childcare or an individual whose services for the employer primarily consist of childcare on a casual, intermittent and irregular basis.

Discrimination and Harassment

The law prohibits employers from subjecting domestic workers to sexual harassment as well as harassment based on gender, sexual orientation, gender identity, race, color, age, religion, national origin or disability. The law also prohibits employers from refusing to provide job-protected leave for the birth or adoption of a child by the domestic worker or a spouse under MGL Chapter 149 section 105D.

Rest Periods

An employer who employs a domestic worker for 40 hours or more per week must provide a rest period of at least 24 consecutive hours in each calendar week and at least 48 consecutive hours during each calendar month and, where possible, this time must allow for religious worship.

The domestic worker may voluntarily agree to work on a day of rest, provided, however, that the agreement is in writing and the domestic worker is compensated at the overtime rate for all hours worked on that day. Days or periods of rest, whether paid or unpaid, must be considered job-protected leave from employment.

Rest periods are considered time when the domestic worker is completely free from all duties and may either leave the premises or stay for purely personal pursuits.

Hours Worked

When a domestic worker who does not reside on the employer's premises is on duty for less than 24 consecutive hours, the employer must pay the domestic worker for all hours as working time pursuant to Massachusetts General Laws Chapter 151 and the regulations implementing it.

When a domestic worker is required to be on duty for 24 consecutive hours or more, the employer and the domestic worker may agree in writing to exclude a regularly scheduled sleeping period of not more than 8 hours from working time for each 24-hour period.

Absent a prior written agreement, the employer must pay a domestic worker who is required to be on duty for a period of 24 consecutive hours or more for all meal periods, rest periods, and sleeping periods.

Working time is considered compensable time that includes all time during which the domestic worker is required to be on the employer's premises or on duty, including time worked before or after a regularly scheduled shift to complete work. Working time includes meal periods, rest periods, and sleeping periods unless a domestic worker is free to leave the employer's premises and use the time for the domestic worker's sole use and benefit and is completely relieved of all work-related duties.

Deductions

An employer may make wage deductions for food and beverages provided to a domestic worker, as long as the food and beverages are voluntarily and freely chosen by the domestic worker. However, if a domestic worker cannot easily bring or prepare meals on premises, the employer may not deduct for food or beverages.

An employer may make wage deductions for lodging provided to domestic workers if the domestic worker voluntarily and freely accepts, desires, and actually uses the lodging, and the lodging meets state standards. However, an employer may not make wage deductions for lodging if the employer requires that a domestic worker reside on the employer's premises or in a particular location.  Federal law governing allowances or deductions for lodging must also be considered.

Note: No deductions for meals or lodging may be made without the domestic worker's prior written consent.

Performance Evaluations

The law gives domestic workers the right to request a written evaluation of work performance from their employer after 3 months of employment and annually thereafter.

Recordkeeping and Notices

Employers of domestic workers must keep a record of wages and hours worked pursuant to section 15 of Chapter 151. Additionally, employers who employ domestic workers for 16 hours or more per week must provide the following information to domestic workers:

• The rate of pay, including overtime and additional compensation for added duties or multilingual skills
• Working hours, including meal breaks and other time off
• If applicable, the provisions for days of rest, sick days, vacation days, personal days, holidays, transportation, health insurance, severance, yearly raises and, whether or not earned, vacation days, personal days, holidays, severance, transportation costs and if health insurance costs are paid or reimbursed
• Any fees or other costs, including costs for meals and lodging;
• The responsibilities associated with the job
• The process for raising and addressing grievances and additional compensation if new duties are added
• The right to collect workers' compensation if injured
• The circumstances under which the employer will enter the domestic worker's designated living space on the employer's premises
• The required notice of employment termination by either party and
• Any other rights or benefits afforded to the domestic worker

Employers must also provide a domestic worker with a notice that contains all applicable state and federal laws that apply to the employment of domestic workers. The law directs the state's Attorney General to publish a notice that will satisfy the requirement.  We will notify clients after the state publishes the notice.

Termination Requirements

An employer who terminates without cause a domestic worker living in the employer's household must provide written notice and either:

• At least 30 days of lodging, either on-site or in comparable off-site conditions, or
• Severance pay equal to the domestic worker's average earnings during two weeks of employment

Where the employer makes a good faith allegation in writing that the domestic worker has abused, neglected or caused harm to the employer, the employer's family, or other individuals residing in the home, the employer is not required to provide notice of termination or a severance payment to the domestic worker.

As always, please contact your Human Resource Business Partner if you have any questions.