Domestic Workers Gain Visibility, Legitimacy

Rachel Sherman is a sociologist at the New School. Her specific field of study is social class and service work.

Last week, the legislation known as the “Domestic Workers Bill of Rights” took effect in New York State, having been signed on August 31 by Governor David Paterson. The existence and passage of this bill is due primarily to several years of organizing by Domestic Workers United (DWU), an organization of nannies and housecleaners in New York City.

DWU offers computer literacy and child care training to its members, helps protect workers against abusive employers, and has produced a report on domestic employment, “Home is Where the Work Is,” based on original research. Their main policy effort, however, has been campaigning for the passage of this bill, which will affect over 200,000 workers in the state.

The law includes the following provisions: The right to overtime pay (at time-and-a-half) after 40 hours of work in a week, or 44 hours for workers who live in their employer’s home; a day of rest (24 hours) every seven days, or overtime pay if the worker agrees to work on that day; three paid days of rest each year after one year of work for the same employer; protection under New York State Human Rights Law, and the creation of a special cause of action for domestic workers who suffer sexual or racial harassment.

Although these demands are not especially radical (more controversial provisions, such as paid holidays and two weeks notice prior to termination, were removed from the final version), this law will materially influence the lives of many workers. Perhaps equally important, the law is symbolically significant, for a number of reasons. First, domestic workers have traditionally been excluded from labor legislation, beginning with the New Deal laws covering collective bargaining and minimum wage and hour regulations.

Although over the years some laws (such as those covering the minimum wage) have been extended to apply to domestic workers, their work remains largely unregulated. Thus the bill, which also mandated investigation into the feasibility of granting collective bargaining rights to these workers, is a step toward establishing nannies . . .

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