August 19, 2011
Recent legislation in New York (the Domestic Workers’ Bill of Rights and the Wage Theft Prevention Act) mandates that all household employers meet the following special requirements:
PAY FREQUENCY. Employees should be paid for work performed within 7 calendar days of the conclusion of each workweek;
PAY & HOUR DOCUMENTATION. Employees must be paid at least minimum wage for every hour worked and pay details (including hours worked) should be tracked and reported on each pay stub;
TIME OFF (PAID & UNPAID). Employees should be provided at least 3 days of paid time off after one year of employment. In addition, employees should be granted at least one day off (24 consecutive hours of rest) each calendar week – or compensated for the 7th day of work at time-and-a-half their regular rate of pay;
OVERTIME. Employees should be paid overtime for all hours over 40 in a week. Live-in domestic workers are entitled to overtime if they work over 44 hours in a week. The overtime rate must be time-and-a-half the regular rate of pay;
NOTICE OF PAY RATE & PAYDAY. Employers must provide this notice to each employee at the time of hire -- and on or before February 1st of each year.
If you have any questions about the law or how it may impact your employment situation, please give us a call. We’re here to help.