Domestic Worker's Rights

Credit: Liliana Drew

Am I A Domestic Worker?

You are considered a domestic worker if you provide services to private households, including childcare, house cleaning, gardening, care for elderly or disabled individuals, cooking, and more.

You Deserve A Safe And Fair Workplace!

The New Jersey Domestic Workers Bill of Rights provides workplace protections, no matter your immigration status or how you get paid. Your employer cannot retaliate against you for exercising your work rights. If they do, they can face severe penalties.

Immigrant Protections

The New Jersey Department of Labor (NJDOL) does not ask about immigration or citizenship status. NJDOL is a state department, separate from the federal government and will not share any information from an investigation with any federal immigration agency, unless it is legally required. You do need a Social Security number to apply for certain cash benefits.

Your Rights And Protections

  • Right to a contract If you are a covered domestic worker who works five or more hours a month, your employer must provide you with a written contract. The contract must be in your language.
  • Right to correct pay and sick time You are owed at least the State minimum wage, overtime pay, and earned sick leave to care for yourself or loved ones. Your employer must pay you regularly, at least twice a month and no later than 10 days after the end of the pay period. 
  • Right to breaks includes rest breaks, meal breaks, and sleep time depending on how long you work.
  • Right to privacy Your employer cannot keep original copies of your personal documents (e.g., passports, visas). They cannot monitor or record you in private spaces ((e.g.bathroom, your living quarters) or your private communications (phone/email)
  • Workers’ Compensation Your employer must carry Workers’ Compensation insurance.
  • Paid Family and Medical Leave & Unemployment Benefits Many domestic workers are eligible for these cash benefits. You must have a valid Social Security Number to apply.
  • Protection from discrimination It is illegal for your employer to discriminate against you or harass you based on certain characteristics, like race, nationality, gender, and more.
  • Health & safety The NJ Domestic Worker Bill of Rights requires NJDOL to adopt safety and health standards.

Learn More or File A Complaint:

Contact AAPI New Jersey at 973-298-0925 for questions or assistance in understanding your rights.
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