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Special Provisions for Domestic Employers in New York State

by Breedlove 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.




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