Are you planning to hire a cleaner or housekeeper in your home? Do you already employ a cleaner or housekeeper and want to improve your employment arrangements? Under New York State law cleaners and housekeepers are not classified as gig workers but are regular employees in your home. As such, house cleaners and housekeepers should be extended benefits and have protections.
This guide will help you:
- focus your initial discussions with the person you’re hiring or guide conversations with the person
working for you now;
- strengthen clear and respectful communication between you and your employee; and
- develop a clear work agreement that specifies the relevant terms of employment as records other important information.
A domestic worker is a person who works in your household caring for children or an elderly person, keeping house (cleaning and cooking) or doing other domestic jobs in the home (gardening or repairs). This agreement will reflect industry standards and responsibilities according to the law.
As of 2022, Domestic work is recognized under the law and protected by the New York Domestic Worker Bill of Rights, the New York City Paid Safe and Sick Leave Law and the New York City Human Rights Law. Employers should be aware they are obligated to follow these laws regardless of the immigration status of the person they hire. Please note:
laws in New York State and New York City may differ.
Links to Laws that Apply to Domestic Workers NYS and NYC Domestic Worker Bill of Rights:
- Workers Compensation and Disability: http://www.wcb.ny.gov/content/main/coverage-requirements-db/
- Paid Family Leave: https://paidfamilyleave.ny.gov/employers
- Unemployment: https://dol.ny.gov/system/files/documents/2021/02/ia318d.pdf
- Paid Safe and Sick Leave: https://www1.nyc.gov/site/dca/about/paid-sick-leave-domestic-workers.page
- New York State Human Rights Law: https://dhr.ny.gov/guidance-new-protections-domestic-workers-under-new-york-state-human-rights-law
- New York City Human Rights Law: https://www1.nyc.gov/site/cchr/media/intro-339.page