What happened?

On January 12, 2024, Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822), establishing a broad range of rights and employment protections for domestic workers.

What are the details?

The law now defines domestic worker as any worker (employee or contractor, full, part time, or temporary) who:

• Works for one or more employers.
• Works in residence.
• Provides one or more of the services mentioned (See list here)
• It excludes some individuals like (See list here)

• A family member, with “family member” meaning a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, whether the individual is related by blood, marriage, or adoption.
• An individual primarily engaged in house sitting, pet sitting, or dog walking.
• An individual working at a business operated primarily out of the residence, such as a home day-care business.
• An individual whose primary work involves household repair or maintenance, such as a roofer, plumber, mason, painter, or other similar contractor.
• An individual less than 18 years of age.

The law mandates the following (but it is not limited to):

• Removes domestic workers in the Law Against Discrimination and the New Jersey State Wage and Hour Law.

• Requires employers to provide workers with a notification of their rights under the bill.

• Establishes penalties for violations of its provisions (including retaliation)

• Creates the Domestic Workers Standards and Implementation Board, who must monitor and review the implementation and make policy recommendations to the State regarding additional measures to be taken.

In conclusion, domestic workers have gained a higher treatment status.

Business Considerations

• Conduct an audit of your workforce to determine if any of your employees meet the new definitions of a domestic worker.
• If you find that you have employees who meet the definition, review the exceptions to see if any of those employees may be excluded from those to whom the law will apply.
• Conduct an audit of your policies and procedures to ensure compliance with the new requirements of the amended law.
• Plan communication and training with your HR department on how to manage the worker process accordingly within the employment life cycle, from hiring to termination.
  
  

Resources

• New Jersey Domestic Workers’ Bill of Rights Act
• Governor Official Press Release
• Domestic Workers FAQs
• New Jersey Domestic Workers’ Bill of Rights Act – Fiscal Estimate

Source References

• New Jersey Domestic Workers Gain Added Protections (Genova Burns LLC.)
• Nannies, house cleaners, and caregivers will soon get more rights in the workplace in N.J. (The Philadelphia Inquirer, LLC)

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