Members of Domestic Workers United, an organization of nannies, housekeepers, and elderly caregivers in New York, celebrated recently when New York State Governor David Paterson signed the nation’s first Domestic Workers’ Bill of Rights. This law corrects a long time injustice: exclusion of domestic workers from the most basic legal protections that cover the vast majority of other US workers. This first in the nation law sets the trend for recognizing and protecting domestic workers.
"The day is finally here," says Barbara Young, a nanny in Manhattan. "When I think about all the domestic workers who worked without recognition for so many years, I am so proud of what we accomplished. Caring for children means so much to me and to the future. Those of us who do this work deserve dignity and respect."
The Bill of Rights establishes basic labor standards, including paid days off and protection from discrimination, for over 200,000 domestic workers in New York State . It rectifies the exclusion of domestic workers from most basic labor protections, recognizes the workforce for the first time under the law, and establishes specific protections to address the unique conditions - from isolation and vulnerability to abuse and mistreatment - that domestic workers face on the job.
"I am proud to sign into law a bill that will correct an historic injustice by treating those who care for the elderly, raise our children and clean our homes the same essential rights to which all workers should be entitled," Governor David A. Paterson said. "I am grateful to the sponsors for their extraordinary efforts to enact this landmark bill, and most of all to those domestic workers who dreamed, planned, organized and then fought for many years, until they were able to see an injustice undone."
When the bill takes effect in 90 days it will guarantee domestic workers basic workplace protections like overtime pay, a minimum of one day of rest per week, protection from harassment and discrimination, and a minimum of three days of paid leave per year.
The new law will apply to all domestic workers, finally giving domestic workers legal recourse when they face abuse or discrimination. The bill also calls for a study into the feasibility of achieving benefits through collective bargaining, Advocates see this bill as a beginning, with core benefits like paid vacation, access to health care, notice of termination and severance pay as the next step.
Many household employers are grateful for the formal recognition of the employment relationship. Donna Schneiderman, an employer and member of Employers for Justice Network, a project of Jews for Racial and Economic Justice, says, "As a parent who has had to compare notes with other parents about the terms of employment for caregivers, I can tell you the opinions vary greatly - from generous to clueless to thoughtless. Employers need minimum standards for there to be a baseline of practices and a clear understanding between them and their employees regarding what is considered fair."
Domestic workers, who are overwhelmingly women of color, work long hours for low wages and are uniquely vulnerable to abuse and exploitation. The isolation of their working conditions and intimate nature of the work too often place them in harm’s way. Given the precarious nature of their employment, domestic workers have been hit particularly hard by the current economic crisis. Yet their work is critical to our economic recovery. They make all other work possible.
Annette Bernhardt of the National Employment Law Project has done extensive research on the domestic work industry. She says, "This is a sector that is structurally wired for abuse, which means that strong legal protections are absolutely essential. As the country emerges from recession, public policies like this one are necessary if we are going to create an economy that works for working people."
This year, the California State legislature passed a resolution recognizing the importance of the domestic workforce and the need for labor standards. Next year, the California Domestic Workers Bill of Rights, a measure modeled after the New York bill, will be introduced. And thousands of the nation’s 2.5 million domestic workers are also organizing in other states to expand the campaign to establish labor standards as people throughout the country start to recognize and respect the contributions of domestic workers to the fabric of our society and economy.
"Our sisters in New York have opened the door, and now we will follow in California," says Luz Sampedro, a domestic worker in San Francisco , California . "I don’t feel like my work as a mother and wife or as a domestic worker in other people’s homes is valued. Sometimes I feel like I am seen as just another piece of furniture in the house. But this injustice motivates me to struggle and the New York victory gives me hope. The work has to begin with us as women. And by coming together, we are making history"
The momentum toward recognition of the domestic workforce is building across the country and internationally. The International Labor Organization is working toward the passage of the first international convention on domestic work by June 2011. This will be the first international labor convention focused on domestic work. Governments around the world, including the United States , have acknowledged the urgent need to establish standards for this vulnerable workforce.
