Bill Would Guarantee Domestic Workers Basic Rights Like Overtime Pay, Time Off, Sick Leave, Meal and Rest Breaks, and Legal Protections from Harassment and Unsafe Working Conditions
Today, U.S. Senators Kirsten Gillibrand (D-NY) and Ben Ray Luján (D-NM), and Representative Pramila Jayapal (D-WA-07) reintroduced the Domestic Workers Bill of Rights Act, commonsense legislation that would extend common workplace rights to the 2.2 million domestic workers in the United States.
Under current law, domestic workers—including home health aides, nannies, cleaners, and live-in caretakers—are excluded from many of the labor, harassment, and discrimination protections guaranteed to other workers under federal law. As a result, severe financial insecurity and lack of workplace benefits are all too common in these professions. The Domestic Workers Bill of Rights Act would patch these flaws in existing labor law and also create new protections for domestic workers.
“Caretakers, cleaners, nannies, and other domestic workers play a vital role in the economy and in American life. However, they’ve too often been overlooked in the fight for workers’ rights, leaving many working long hours, earning low wages, and struggling to make ends meet. This is unacceptable,” said Senator Gillibrand. “By closing loopholes that exclude domestic workers from federal labor and civil rights laws, the Domestic Workers Bill of Rights Act would afford these workers the safety, stability, and dignity that they deserve. I am honored to introduce this bill, and I will fight tooth and nail to get it passed.”
“Domestic workers in New Mexico and across the country are essential members of our workforce and deserve dignity and respect. I’m proud to reintroduce legislation to require employers to establish clear standards for wages, responsibilities, schedules, and time-off policies to help protect the rights of the people who care for our families and support our communities,” said Senator Luján. “This legislation is critical to ensuring workplace protections and rights for domestic workers who have been left out for far too long.”
“Domestic workers are too often called essential, but treated as expendable. These workers, who are predominantly women of color and immigrants, make all other work possible,” said Representative Jayapal. “This landmark legislation ensures that domestic workers are finally included in our existing labor laws, giving them access to the basic protections they deserve in the workplace, including overtime pay, guaranteed rest and meal breaks, time off, and legal protections from unsafe working conditions and harassment. It will finally give our domestic workers the dignity and respect they deserve. This legislation is more important now than ever as the Trump Administration works to strip many of the programs domestic workers rely on to survive, like Medicaid and food assistance.”
Domestic workers have historically been excluded from worker protections and, as a result, often have no benefits, few protections, and little recourse to fight harassment and unsafe working conditions. A 2021 National Domestic Workers Alliance survey of domestic workers reported that:
- Only 16% of domestic workers have a written agreement with their employer laying out their job responsibilities and the terms of their employment.
- Over one-third of domestic workers do not get meal and rest breaks, and of those who do, only 34% are paid for those breaks.
- 81% of domestic workers receive no pay if their employer cancels on them with less than three days’ notice, and 76% receive no pay if their employer cancels on them after they show up for work.
- 23% of domestic workers do not feel safe at work.
If passed, the Domestic Workers Bill of Rights Act would, among other things:
- Entitle domestic workers to overtime pay for hours worked above 40 hours per week.
- Ensure domestic workers have paid sick leave to take care of themselves or their families.
- Extend civil rights protections, including against workplace harassment and discrimination, to domestic workers.
- Afford domestic workers the right to meal and rest breaks.
- Require employers to provide domestic workers with written agreements detailing agreed-upon hourly pay rates, scheduling requirements, and termination procedures.
In addition to Sens. Gillibrand and Luján, the bill is cosponsored by Sens. Tammy Baldwin (D-WI), Cory Booker (D-NJ), Richard Blumenthal (D-CT), Tammy Duckworth (D-IL), Dick Durbin (D-IL), John Fetterman (D-PA), Tim Kaine (D-VA), Amy Klobuchar (D-MN), Ed Markey (D-MA), Jeff Merkley (D-OR), Patty Murray (D-WA), Alex Padilla (D-CA), Bernie Sanders (I-VT), Adam Schiff (D-CA), and Elizabeth Warren (D-MA).
It is endorsed by the National Domestic Workers Alliance, as well as 44 other organizations.
“Domestic workers across the country do the work that makes all other work possible by caring for our children, keeping our households running, and ensuring our loved ones can live with dignity and independence,” said Ai-Jen Poo, President of the National Domestic Workers Alliance. “Yet, for over 400 years, this workforce, made up of predominantly women of color, has been largely excluded from basic labor protections. Today, they are facing an unprecedented crisis fueled by nearly one trillion dollars in Medicaid cuts, low wages, and widespread immigration raids that are creating a climate of fear. The Domestic Workers Bill of Rights will work to address these historical injustices, protect the dignity and financial security of these workers, and strengthen our care economy.”
The full text of the legislation can be found here.
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