New Protections for Domestic Workers Are in Effect in New Jersey

New Jersey’s new “Domestic Workers’ Bill of Rights” is landmark legislation that grants comprehensive protections to workers in child care, house cleaning and caregiving roles. This law, which took effect in July 2024, covers workers whether they are employed directly by households or via agencies. It applies to all domestic workers regardless of their immigration status.

New Jersey domestic workers are now entitled to the same legal protections as other workers, including wage and hour laws, paid sick leave and overtime pay. Significantly, the law extends these rights to undocumented workers, a group that has been vulnerable to exploitation due to their ever-present fear of deportation.

Here are the salient provisions of the Domestic Workers’ Bill of Rights:

• Anti-discrimination protections — Domestic workers are entitled to the same protections against discrimination that other New Jersey employees enjoy under the state’s Law Against Discrimination (LAD), such as bias based on race, gender, sexual orientation, age, disability or national origin. This is significant because domestic workers, many of whom are immigrants and women of color, historically have faced exploitation and discrimination without recourse.
• Privacy rights — The new law explicitly prohibits employers from retaliating against workers by threatening to report their immigration status to authorities. Moreover, employers cannot subject workers to invasive monitoring measures, such as video or audio recording, unless there is consent from the worker.
• Written contract requirements — Employers must provide domestic workers with a written contract outlining the terms of employment, including such details as job duties, wages, hours, overtime pay, time off and termination procedures. These contracts help establish transparency and prevent exploitation by ensuring both parties understand their obligations.
• Application across employment structures — The law applies to all workers who provide in-home services, whether hired directly by households or through agencies. This broad applicability helps ensure that workers employed in various capacities receive protections, whether they are caring for children, cleaning houses or assisting elderly or disabled individuals.

The Domestic Workers’ Bill of Rights is in part a recognition of the importance of domestic workers in today’s economy, in which two-earner households needing help with child care are the norm. It is a significant effort to correct longstanding inequalities in the treatment of domestics under state employment law. Other states like New York and California have enacted similar protections. 

If you have faced unlawful treatment on the job, the employment law attorneys of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack can help. We serve clients throughout New Jersey. To schedule a consultation, call 551-245-8894 or contact us online.