Governor Patrick signed into law a Domestic Workers’ Bill of Rights on Wednesday July 2, 2014, making Massachusetts the fourth state in the country to provide protection for nannies and housekeepers.
In July 2011 New York passed the nation's first Domestic Worker Protection Law. The New York legislation gives in-house workers like housekeepers and nannies basic labor protections like overtime pay, guaranteed sleeping time, five-day workweeks, as well as meal and rest breaks. Read more about the Domestic Workers Bill of Rights of New York.
Gov. Neil Abercrombie signed a domestic workers bill of rights in 2013, making Hawaii the second U.S. state to give nannies, housekeepers and others protection on minimum wage, overtime pay and other labor issues. The law went in effect on July 1st, 2013. Read more about the Hawaiian Domestic Workers Bill of Rights.
The California Bill of Rights (AB 241) was signed into law by Governor Jerry Brown on September 26, 2013, and went into effect on January 1, 2014. AB241 extends overtime protections to personal attendants who care for and support thousands of individuals and families in California. Read more about the Bill of Rights in California.
Covered under the FLSA from 1 January 2015 for overtime pay and minimum wage: Home health care workers, home care aides, certified nursing assistants.
Exempt form minimum wage and overtime are employees providing "companionship services" that exceeds more than 80% of their workweek. This exemption is only available to the individual, family, or household solely or jointly employing the worker, the exemption is not available for third party employers or direct care workers (like home care staffing agencies). Third party employers must pay their workers the federal minimum wage and overtime.
If employees provide more than 20% of their workweek on caring tasks all employers must pay minimum wage and overtime. Read more at Overtime Pay Home Care Aides