By Susana Sánchez, Community Mobilization Intern
In a historic decision on June 1st the New York Senate signed into law a Domestic Worker Bill of Rights (Senate bill 2311-D) becoming the first state in the country to enact a law granting labor rights to domestic workers. The law guarantees basic worker rights: an eight hour day, overtime, one day off a week, paid holidays, paid vacation and sick days, the right to collectively organize, and requires employers to give 14 day termination notice to employees. In addition, employers who violate the law might receive a civil penalty from the state commissioner.
The law is a significant gain for the labor and women’s rights movement. It has been well documented that most employers do not even see themselves as employers and their domestic workers as employees. The law begins to change that dynamic; it clearly defines domestic workers as employees under the definition of New York minimum wage law. However, one has to dig deep into the legislation to understand the extent to which this law affects women of color, particularly, undocumented immigrant women.
Domestic work, in its broad definition, has being historically performed by women of color. Currently, more than 90 percent of domestic workers are women of color. In New York, one percent or less of domestic workers was born in the U.S. Across the country Latina, Caribbean and African immigrants (mostly undocumented) have taken over the sector because many of them are undocumented and/or lack the language skills to work in other industries.
Even though it is a landmark law, to have in place the mechanisms to enforce it is even more crucial. Domestic work is performed in the private sphere that everyone protects so zealously. How would government officials ensure that employers are complying? What government agency would perform such task?
The domestic worker’s legal status may prevent them from speaking up for their rights. Many New York domestic workers may understand that the law now protects them from exploitation, but seeking out help from the justice system also risks deportation.
This is an important step forward for domestic workers, but we need to make sure the enforcement happens and protects the rights of undocumented domestic workers as well.
By Susana Sánchez, Community Mobilization Intern
Noting that women of color compose such an overwhelming majority in the domestic work force, I hope the Senate will attempt to include paid maternity leave and other female-oriented provisions to this bill in the future. Great piece!
Excellent! Domesticas everywhere need a voice and their rights upheld!
Excellent achievement! But you are right, it is necessary to count on with a measure that will protect undocummented domestic workers from deportation when they seek for justice. Would it be viable to work on a bill that will grant them with immigration protections as the U visa?
Because they will be contributing to dennounce employers that utilize bad job standards that affect all workers, undocummented and docummented.
I think you make an excellent point on the status of the workers. As to what extent can this law protect domestic workers and will their employees still be able to exploit them because of their status?
“In addition, employers who violate the law MIGHT receive a civil penalty from the state commissioner.”
The word MIGHT is frightening because it seems as if the bill is not 100% granting rights to domestic workers. It will be interesting to see how this law plays out.
Awesome piece! Check out this post: http://colorlines.com/archives/2010/07/ny_domestic_workers_first_in_nation_to_win_labor_rights.html