The New Jersey Domestic Worker’s Bill of Rights Act (S-723/A-822) establishes a broad range of rights and employment protections for domestic workers.- The impact upon NJ families wanting to keep their loved ones at home with aides will be very negative, bureaucratic and costly.
- The legislation signed by our Governor Murphy broadly changes the employment relationship of domestic home health workers and families. It removes the current exclusion of domestic workers from the New Jersey State Wage and Hour Law, requires domestic employers to enter into a written contract with the domestic worker, sets requirements regarding rest and meal break times, and requires employers to give advance notice to domestic workers prior to termination. The bill also establishes penalties for violations of its provisions, including penalties against retaliation by the employer, and requires employers to provide notice to domestic workers about their rights.
Additional details about the new law
Now a family who wants to hire a domestic worker for more than five hours per month must have a written contract governing the following: a specific list of job duties; hourly wage and overtime wage; weekly schedule including number of hours per week; the manner and frequency of payment; breaks for rest and meals; paid or unpaid leave including sick time; paid holidays; any other benefits provided; modes of transportation required and whether provided; value of housing if provided; sleeping period and personal time for live-in workers; the term of the contract; and any other terms and conditions as agreed upon by the domestic worker and employer or as mandated pursuant to this act. The written agreement shall be signed and dated by all parties after ample opportunity to review.
The written agreement shall not contain:
- Mandatory pre-dispute arbitration agreement for claims made by a covered domestic worker against a domestic work regarding the local rights of the worker; and
- The agreement shall be in English and such other language as may be preferred by the worker.
Here is one good feature for families. The state will make available model contracts complying with this act in multiple languages on its Internet website.
To discuss Medicaid in NJ, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Medicaid Attorney